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and, whether a force be acting on the offensive or ing many partisan exploits of a clever and merely the defensive, it would be as unsafe to dashing kind, and losing the battle of Oravais neglect any one of them, as it would be in the by a too rash pursuit, and one of those turns valleys of Switzerland : indeed, it is necessary to of a minute, which are all-powerful in war, possess oneself of nearly the whole of them, in were pressed out of the country step by order to secure the principal roads being kept open, to provide shelter for the soldiers in so se
step. vere a climate, and to enable them to avail them- According to the account of the “ officer of selves of some of the local resources which are rank,” (who, however, may be suspected of rendered indispensable by the rapid and decisive strong Russian leanings,) great gallantry was system of warfare adopted in the present day; displayed on both sides ; though with the exand these precautions are indeed doubly neces- ception of Oravais the Russians seem generally sary, by the circumstances of the habitations be- to have been beaten when fairly met. The ing but thinly scattered over the face of the coun- two great elements of Russian success in the try, the villages in general inconsiderable, the Finnish war, as in the Turkish war of 1828–29, country itself unproductive, and deficient in the
the were corruption and audacity. By corruption means of transport. There is but little danger of being beaten in detail in Finland, and it would (unless we are to assume senility amounting to very rarely be possible for a superior force to insanity) Sweaborg with its stores, its arsenal, meet with ground on which a great number of its ships, and its command of the coast navigafighting men could be drawn up. Each detach- tion, was surrendered to the Russians. The ment of 1000 or 1500 men forms, in fact, a small audacity our author admits in terms, and in arny; and its commander ought to possess a one of his criticisms censures it as having been certain degree of talent, as he must be capable of too riskful. In fact, “audacity” or imposition creating resources for himself, and will often be seems to be a genuine Russian practice compelled to act without waiting
for orders from wrong according to our ideas, even on the his superior officers. The history of the engage: principle that all is fair in war; but not wrong, ments we shall have occasion to describe will prove that the victories alternately gained by each ble dealers in this country have one fixed price
even in theory to a Russian; just as respectaparty, were far more due to the constant relays of troops, and to the talent and resolution of their for their goods, whereas a similar class abroad chiefs, than to any numerical superiority on the will take anything they can get. The number field of battle.
of troops finally occupied in the conquest of
Finland, was sixty or seventy thousand men ; The present importance of the book, how- but the Russians began the campaign with ever, arises from the glimpse it gives of those only sixteen thousand, and scattered them over tactics which may be called peculiarly Russian, a large extent of country, imposing upon the and the application which may be made of that Swedes the idea that their resources were imknowledge to actual affairs. Everybody knows mense. that the seizure of Finland by Alexander was The single facts in the following extracts the result of an iniquitous compact between may be small
, but they are collectively imporhimself and Napoleon, at the treaty of Tilsit. tant, from the light they throw upon the It is possible that neither political foresight nor dacious” tactics of the enemy. military skill and decision could have eventually resisted the power of Russia ; but it
Count Bouxhoevden was appointed by the should not be forgotten that Russia was en- Emperor Alexander to the command of the army. gaged in other wars, and, as seems always to ing an exaggerated idea of the numerical strength
The Russian Government had succeeded in givhave been the case, her resources when put to of the force, by skilfully displaying their resources the strain, seemed hardly equal to the enter to the best advantage, and making great demon, prize, small as it was. The most tangible strations of activity in military preparations and cause of the ill success of Sweden, was Gusta- the movement of troops in the capital. The vus the Fourth ; whose conduct, in fact, com- Swedish Ambassador at St. Petersburg could not pelled his subjects to dethrone him before the fail to participate in the general error, and it termination of the war. He took the war into rapidly found its way to Stockholm. his own hands; gave his personal directions * to the general in Finland ; and laid down a After having thus advanced as far as he concourse of tactics that he should only act upon sidered advisable with his left column, Count the defensive — as it turned out, the worst Bouxhoevden felt the necessity of losing no time tactics that could have been adopted. Instead in compelling Count Klingsporr to evacuate Ta
vastheus. Ho rapidly brought forward all the of supplying the army with reinforcements in
columns of his little army to bear upon the town, the spring, on which supply the whole of his and advanced to within a short march of it. system was based, he kept a large body of troops Their total strength did not exceed 9,000 men ; under his immediate command, and wasted the rest of the troops being absorbed by the detheir energies in desultory attacks. The con- tachments, the guards of the magazines, and the sequence was, that the inferior forces of the number of men left before the various places they Swedes, after gaining several battles, perform-' had invested. But few had fallen in the skir
mishes that had taken place, and the number of them constantly on the alert. This system was the sick was inconsiderable.
carried out; constant alarms were raised, someThe approach to Tavastheus was disputed times in the daytime, but much more often during inch by inch. Gen. Klercker, a man of seventy the night. Sometimes it was a party of drums and years of age, but full of energy and military ar- riflemen; sometimes one or even iwo field-battedor, had made every preparation for a general ries would take advantage of the shelter of the action; and Klingsporr, on his arrival from Swe- rocks to creep along the ice, even within the den, found a garrison of 5,000 men. The new range of grape-shot. commander-in-chief was very little younger than Col. Argoum of the artillery distinguished himhis predecessor. For a moment he appeared un- self particularly in these expeditions. He was a decided what steps he should take ; but the positive reveillon to the garrison. He continually rapidity of the movements of the Russian army, varied his stratagems, and the time and place the idea entertained of their great numerical su- where the attack would be made never could be periority, and the fear of the heavy responsibility foreseen. he would incur by going counter to the instruc- * tions he had received from the king, weighed
Under the veil of military politeness, the Rusupon the mind of Gen. Klingsporr ; he followed sian officers took care to supply the Swedish Adthe advice of his council, and hastily abandoned miral regularly with the newspapers and gazettes Tavastheus and its citadel.
they received from the continent. At this time
* they were filled, for the most part, with disastrous The early days of the Russian invasion were accounts of everything in Sweden. The bulledistinguished by masterly arrangements in the tins of the Russian army, the proclamations, the marches and disposal of the troops, and by a de- letters from families dispirited by the loss or ab. gree of energy and perseverance only to be met sence of their heads, - everything that could tend with in the people of Northern countries, when to depress the spirits of the garrison, and that it surrounded by icy frosts and deep snows. As was to the advantage of Russia should be betheir detachments advanced at the same time lieved and discussed in Sweaborg, was transmittowards the south, the centre, and the north of ted there daily, and received with the eager curithis vast country, they appeared to be the heads osity naturally felt by men cut off from all other of so many formidable columns, to which com- intercourse with the rest of the world. mon report assigned an exaggerated degree of A personal acquaintance with some of the sustrength."
perior officers enabled the Russian generals more
and more to appreciate the characters of those In the North, at a later date, Kamensky's with whom they had to deal. Colonels who for success on a particular occasion, “ was merely twenty years had been assiduously occupied in negative, but he had escaped a defeat ;” yet who had never seen the face
of war ; a sort of ri
the cultivation of their military farms, subalterns (we are quoting the Russian officer
of rank) valship between the Swedes and Finlanders; the "Kamensky had the audacity to summon the number of women, the dissatisfaction of many, Swedes to surrender.” At Sweaborg, affairs the prodigal consumption permitted by inexpetook a more theatrical demonstration. As our rience of the provisions, always so precious in a author maintains that the charge of treason besieged place; the firm belief entertained of the against Admiral Cronstadt was not true, and superiority of the Russian forces,
such were that the Russian general Suchtelen was too the principal elements of the perplexity and anx. much a man of honor to offer a bribe, or Ad-iety which distracted the minds of the Admiral miral Cronstadt to take one, the idea of com
and his officers. plicity must be abandoned. At any rate, the proceedings look more like the stratagems of sian war or diplomacy tell the same story, from
Every fact and every book relating to Rusancient times than the strategy of modern war. the time of Peter the Great to the lately
raised siege of Silistria. To undervalue an Various parleys took place on different occasions ; in the course of which Gen. Suchtelen enemy is proverbially dangerous ; but it may
be as destructive to success to overvalue him. thought he observed that the moral vigor of some of the chiefs was hardly what might have been.We seem to have been going on long enough expected from the material strength with which in a credulous belief of the power and rethe fortress was provided. His plans for accele- sources of a state which, when fairly met, has rating the surrender of the place were based upon been beaten ; which, when brought to a test, this ħint : he considered that one means of suc- has always failed; and whose success, when incess would lie in keeping up a constant anxiety vestigated, has been proved to arise from its and alarm among the garrison, composed of good mendacious arts, and the timorous credulity troops, but who were little accustomed to war, of its dupes. and in fatiguing and harassing them by keeping
THE SOVEREIGN OF POTSDAM. The may cost him a crown. In this country, at King of Prussia is pursuing courses which any rate, they would render him liable to be
LIVING AGE. VOL. VI. 33 (fined five shillings. — Punch.
From the Examiner, 5 Aug.
| and in short, generally as that decision was beFOREIGNERS DISABLED FROM OBTAINING probability that the House of Lords would over
lieved in at the time, we ventured to assert the COPYRIGHT IN ENGLAND.
This has proved to be the case. After receiv. DR. Johnson had a notion that the judges of ing the opinions of the judges, of whom six his day were rather shallow on the question of held the foreigner entitled to copyright, and four literary property. “Sir," he said, when asked affirmed he could not claim it, the House of what he thought of certain opinions just handed Lords has announced its agreement with the miin to the house of Lords, "they make me think nority, has reversed Lord Campbell's judgment of our judges not with that respect which I in error, and has finally declared the law of this should wish to do." If he could read the opin- country to be, that a foreigner, not resident in ions handed in the other day to the same high England, cannot obtain a copyright by any first court by the same learned dignitaries, he would publication of his book here. The principle hardly be more complimentary.
which appears to have governed the decision After a dozen years of agitation and uncer. may be thus stated : That the right as claimed tainty, of decisions directly in the teeth of each by a foreigner is not one existing at common other, of contradictory judgments pro and con, law, but created by the legislature; that legislathe effect of which has been now to beggar this tures only legislate for their own subjects; and bookseller and now to enrich that, the question that unless a foreigner be resident amongst us, whether a foreigner can hold copyright in Eng- and so far, though for ever so short a time, in alland has been-brought back to precisely where legiance to our laws, he cannot claim the protecit stood before the twelve years' agitation com- tion meant only for subjects of the realm. If he menced.
comes over to England, and publishes his work At that time the weight of authority was here (it not having been published elsewhere, and against the foreigner's claim. Then, in D'Al. being actually published before he claims such maine and Boosey, it was unexpectedly held that property in it), the copyright is his, and he may the law would protect an assignee of foreign co-assign it, though he may continue in this counpyright. Soon after, in Chappell and Purday, the try only till he has done so. But in no other same court confirmed that judgment, with the way can a foreign author or composer obtain proviso that a distinct priority of publication was copyright in England. Such is the law as necessary. Next camo Cocks and Purday, over- it now exits, and which nothing but a forthrowing the proviso, and declaring a mere si- mal and specific act of the legislature can multaneous publication sufficient. But hardly change. had this taken effect when, in Boosey and Pur- Our present object is not to criticise the judg. day, the same court reversed all these decisions, ment of the House of Lords, but to announce it. restored the law which they had unsettled, and in the opinions of certain of the judges, as delionce more pronounced the foreign assignee dis- vered before the House some weeks back, there entitled. Very naturally this was extremely would be much to except to, if this were the startling to the plaintiff, and he carried the casc time; but it may be important at once to remark into the Court of Error. Here, through Lord that the question of whether copyright could exCampbell, a majority of the Judges in Error re- ist at common law, as to which we see much nonestablished the decisions so lately overthrown, sense promulgated, is really not disposed of on and again gave the plaintiff what he asked. At the present occasion. The grounds of the deci. the same time, as if to complete the confusion, sion announced expressly are, that even if such the latter judgment confirmed the extreme doc- a common law right exists, a foreigner resident trine of Chappell and Purday as to the meaning abroad has no claim under it
. What is of most of the words “ first published,” which the imme. concern just now, however, is that the final judg: diately preceding judgment had discredited in ment or construction of the statutes thus arrived favor of the more moderate doctrine laid down at, should be known as widely as possible to all in Cocks and Purday.
whom it may affect. The officers of customs But as the plaintiff had had his writ of will require especially to be put upon their guard. error, the defendant was resolved to have his A traveller, whose American, French, or Brusalso, and a writ was sued out in the highest sels editions of books by American citizens, may court. Some serious questions of property and hereafter be detained at the Custom house has "piracy” being now at issue, arising out of the only to seek his remedy before any London malatest Exchequer judgment, the counter judg- gistrate. An American writer no longer proment of the Court of Error had caused great tects himself, even if he elects to publish in Eng consternation. Public meetings were held, and land without committing an act of publication in an agitation commenced of which the object was America. His books are feræ nuture on the to urge legislative interference. We then took English soil. He has no property in them, and occasion to say (in June 1851) that we thought property cannot accrue from them to any all such agitation premature.' We pointed out one else. His only hope now lies in obtaining that the question was strictly one of law, and re- the sanction of his countrymen to that convenmained still undetermined in the last resort; tion of International Copyright which every Eng. that though in principle and equity the decision lishman is eager to see adopted, not less an act in error might be preferable to that which it dis- of fairness and justice to American than to Engplaced, it might yet itself be found untenable ;) lish authors.
From The Athenæum. rative of the facts of the case, said that the right IMPORTANT COPYRIGHT DECISION. in dispute was not the right to publish, or to re
frain from publishing a work which had not yet THE “ glorious uncertainty" has gained ano. been given to the world, but was the right to ther illustration. Jeffreys versus Boosey has come have the exclusive power of publishing such to an end :--and the House of Lords has revers- given work. Now, copyright in this way defined ed the jugment of the Court of Exchequer Cham-was, if not the creatare of the statute law, at ber. Copyright, as regards foreign works in this least a right regulated by that law. The legislacountry, is again an abeyance, and dire is the ture, prima facie, must be taken to legislate for consternation in the publishing world in conse- its own subjects only, and the object declared by quence thereof. Our newest decision-pro- the preamble of the act must be taken to be a nounced by a tribunal from which there is no ap- merely natural object. A foreigner, of course, peal-would seem to cancel all agreements, de- who was not a resident abroad, but was a resistroy all assumed copyright of aliens in this dent in this country, and therefore subject to its country. We say would seem :-as it would ill laws, was for the time in the condition of a nabecome one of the laity to assert anything other tive born subject, and if he came to this country, wise than doubtfully on a point so often estab- and published his work here, he would be within lished and reversed by the great legal tribunals. the protection of the statute. But, if at the This last reversal of judgment was made at one time of such publication he was residing out o'clock on Tuesday, in the House of Lords-a of the
kingdom, the statute did not protect him. reversal which, among other things, in effect, up
Lord Brougham said that the right of an author sets all American copyrights,—and before six prior to publication was unquestioned; that he o'clock that day the printers in London were en- had the exclusive right in his own manuscript'; gaged in reprinting cheap editions of American that he might communicate it or withhold it, or works. Messrs. Low and Co., alarmed for their that he might exercise his discretion as to whom property in "Sunny Memories of Foreign Lands," he would communicate it. Then came the ques. rushed to their printers to order a cheap edi- tion as to the right of publication. The statute tion :—they found them alrcady engaged on a of Anne had been passed for the purpose of en. cheap edition for another house! By aid, how- couraging learned men, and with that view that ever, of the Messrs. Clowcs, Mr. Low hopes to act had given them the exclusive right in their forestall the reprinters, and we cannot but trust publications for twenty-one years. This, howthat he will succeed, seeing that he had already ever, was clear, they had no copyright by comembarked capital in the production of the work, mon law, for if they had, there would have been in a belief that his property was protected by no necessity for the passing of that statute. It law. The mails will carry out bad news to Ame- could scarcely be said that the legislature had rica ;-this decision puts an end to all negotia- decided a century and a half since that an act tions between the authors of that country and was to be passed to create a monopoly in works the publishers here. Mr. Bentley, we believe, solely for the benefit of foreigners. In the prehas just concluded a treaty with Mr. Prescott, sent case he was clearly of opinion that the cothe historian, for his “ Philip the Second” at a pyright claimed did not exist, and therefore that thousand pounds a volume. It is now waste pa- foreign law should not prevail over British law, pcr. The American historian is now in the where there was such diversity between the two. same position as regards England, as the Eng. Lord St. Leonards fully concurred in the opin. lish author is as regards America.
ions of the Lord Chancellor and of Lord BroughThe decision of the House of Lords this week am, remarking that the common law of England in the appeal case, Jeffreys vs. Booscy, has a was wholly out of the question, in the case of a much wider importance than in regard to the foreigner claiming a copyright by first publishspecial subjects brought up-the judgment rul- ing in England, he at the time residing abroad. ing the right of copyright of all foreign works The common law did not extend to foreigners of literature and art, as well as of musical publi- residing out of this country, and owing no alle. cations in England. The particulars of the case giance to the British crown. He was perfectly upon which final judgment has now been given, clear that if it were necessary as he held that it we have on former occasions recorded. The was, that Bellini must have resided in England complaint originally was, that Mr. Jeffreys had in order to possess the copyright, he had no legal published part of Bellini's operas in London of power to assign that copyright as regarded this which Mr. Boosey claimed to have the sole co-country, and, the assignment not being valid, the pyright. Without following the history of the right of action was not maintainable, and therelawsuit in the Court of Exchequer, and in the fore the judgment of the Court of Exchequer Court of Exchequer Chamber, it is sufficient to Chamber ought to be reversed. The judgment state the general principles on which the judg- of the Court of Exchequer Chamber was therement of the House of Lords, after giving a nar. Í upon ordered to be reversed.
From The Spectator, 5 Aug.
ourselves if we fix our attention solely or prin
cipally on the position of affairs in the East. In considering the position which Prussia at With those affairs Prussia has only a secondary present occupies, we only continue to mislead concern; they are an intrusion upon her. What
“is Hecuba to him or he to Hecuba ?" King again from France, to sustain the reverse of Frederick William has not troubled himself, and Jena, to groan under the grinding oppression of there is no aboriginal necessity why he should Napoleon, to see his territory reduced to half its be troubled, about the Sultan. He is drawn previous extent and his army restricted to the into the position by the necessities or the rest- paltry force of 42,000 men. And what reason lessness of other parties. He would naturally have we for assuming that the present occupant consider that his brother-in-law the Emperor of the throne is less vacillating and more to be has certain objects in Turkey which are not un- trusted than his father; or that the Prussian natural or objectionable in themselves. The Court has abandoned its long-sustained project Czar desires to promote Christianity and to en- of acquiring, by whatsoever title, the imperial hance his own influence; objects which Frede- sway in Germany? During the peace, Prussia rick William, the tolerant though serious sup- pursued her steadfast purpose through the Zollporter of Christianity and Christian movements verein, notoriously the medium for commencing --who winks at the Archbishop of Cologne, aids a political union. In 1848, it was a question the completion of the cathedral for Catholic as whether or not King Frederick William should well as Protestant in that town, and lends his simply become the most purely German, and de arm courteously to Elizabeth Fry-would ac- facto the strongest Monarch within the purely count reasonable and laudable. He also desires German range, or whether he should be Emperto increase his influence and to promote Chris. or. A middle course was chosen, and the Archtianity; and the wishes of the Czar would not duke John was appointed to be President of the appear to him as interfering with any other German Council." The Archduke John was a Christian Power in Europe. If England objects, respectable gentleman, noted for the intelligence it must be either from selfish regard to the Over- and amiable character of his disposition, but not land passage and the Northern frontiers of In- for any great power. Being a cadet of the Aus. dia, or from the love of meddling, which has trian family, of course his appointment was redistinguished England on the Continent. If garded as a concession to Austria, at the same France interferes, it is love of military conquest, time that its separate character distinctly markwith which the tenant of Sans Souci has small cd a negative upon any new German preten. sympathy. Both these Powers, indeed, have sions of Austria. It was a compromise which taken their stand upon grounds which techni- satisfied nobody; and the office of the Archduke cally he had not the means of denying; but of had shrunk to nothing before death removed course he detests their cant, and while he admits him from the scene. That rivalry, therefore, their pleas he hates their policy. The case of was a drawn game; but the contest sufficed to Austria is different: he would sympathize with prove the life which survived in the ambitious that Power in its conservative leanings and com- hopes of Prussia. In fact, although the reigning promises; but, like all weak mcn, he would feel King has shown none of the military genius of some degree of dislike for a Government which his family, he has proved that he will not rest cannot maintain its own stand without troubling from aiming at a German supremacy, whether him, and making him, in part at least, partake through the revolutionary action of his beloved its responsibilities.
Berliners,” to whom he can truckle when they But he has an older grudge against Austria. are successful—through a joint action with AusThere was a time when the Duke of Austria tria while Austria appears in the ascendant and was, first by election and afterwards by position, there is a Hesse Cassel to put down-or, in Emperor of Germany. The house of Branden- short, through any mode by which the Imperial burg enlarged its possessions by one means or throne of Germany could be approached. another, never by any perfectly honest acquisi- The present juncturc offers a new opportunity. tion. Nor was the ambitious pushing or the It was not fairly open to the aspirant so long hereditary slipperiness of Prussia at any time as Austria remained in any degree allied with more exemplified than during the period of the Russia. The circumstances of the two houses last war, which offers so many parallels and so of Hapsburg and Hohenzollern then remained many contrasts to the period now opening the same; both might count upon the patronage When Frederick William the Second broke from of Russia to resist any revolutionary movement, the coalition against France, and withdrew his both could count upon the forbearance or the troops already drawn up before Dumouricz, he active alliance of France and England against sacrificed his alliance and his faith with the hope revolutionary movements on the Continent. For of obtaining a larger slice in the partition of if, as we saw in 1848, Austria could not always Poland. When France and Austria, after the reckon on the course of English despatches, ex. compact of Campo Formio, agreed by a secret perience would lead her to reckon on the course article to grant no compensation to Prussia for of English action. In the present turn of affairs, her losses already sustained, Prussia took Nu- however, the important interests of the time have remburg, as a material guarantee; and when compelled Austria to enter into a closer alliance Frederick William the Third, who had continued with the Western Powers on behalf of Turkey. the alliance with France, broke through that to It is evident that the interest of Francis Joseph join the second coalition of the Powers, it was is, not so much to oppose the Emperor of Russia on the policy of hanging back and trimming un- as to sustain the European system-a system til he could step in and offer his arbitration, and without which the Austrian empire itself would take a larger share of spoil out of the contest. be deprived of its tenure: but it happens that Before the battle of Austerlitz, he astounded his the system is threatened by that Power which allies by joining France, only to break away was ouce thought to be the most conservative