SIR,

TO THE EDITOR.

Your last Number contains an article on Musical Proprietorship, as far as regards national airs, in which T. C. C. has selected the cases of MESSRS. DAVY and WALKER in favor of his arguments; but as the former gentleman has, in my opinion, been rather too severely handled, it shall be my aim to draw the line of distinction between these two cases, by shewing that MR. WALKER merits all the censure that has been cast upon him, but that MR. DAVY does not. I wish it then to be understood that I am friendly to the protection of musical proprietorship, and consider with SIR JOHN STEVENSON that we should be in a bad state if it were not respected; but there are limits, and I would not have an editor or a publisher be too captious about a description of property built upon common right, where it is so difficult to fix the exact point of exclusive claim. To me it appears that there can be no injury done in respect to national airs, except in cases where the second publication is intended to resemble the first, so that the one may be bought or sold for the other, as in the case of WALKER, who not only took the same airs as MR. Moore, but absolutely the title and first line of the words, and the one was so completely an imitation of the other, that a common observer in purchasing the printed copy might have believed he had got the original.

Now how stands the case with respect to MR. DAVY, who has been attacked in one of your former numbers as well as by your correspondent, for having set words, beginning, "Is my love then flown," to an Indian melody already set and published by MR. MOORE, to other words, "All that's bright," the titles of which at least are very different; but in order to prove whether or not there be any similarity in the subject, the poetry of both is subjoined:

All that's bright must fade,

The brightest still the fleetest;
All that's sweet was made

But to be lost when sweetest.

VOL. III. NO. XI.

PP

And now I would ask if it be possible for any one to be so deceived as to have the one passed off to him for the other? and if this is not practicable, I would also ask where is the injury to MR. MOORE or his publishers?

You have, Mr. Editor, put the case home by asking whether MR. DAVY had taken this subject previously to MR. MOORE's publica

tion, or whether he had not taken advantage of it through the popularity acquired by MR. MOORE's words? This I cannot answer, but even supposing the latter to be the case, as he does not seem to have taken a single idea from the other, are we to be told, and have it laid down as a rule, that because MR. MOORE selects national airs to write poetry to, that a seal is thereby set on them, and that any man who dares to take one of the same airs to write other words to, is to be designated as a pirate?*

I admire as much as any one can, the beauty of the words set to the Irish Melodies, and Mr. M.'s patriotism in having collected "these wild mountain airs and snatched them from the vulgar mouth," to give them a place on the piano forte, as well as in the library of the musician and the man of literature. But can it be said that it is patriotism, or any thing short of "money getting," that has since induced MR. MOORE to write words to the airs of Spain, Portugal, Italy, France, &c. and if this is his motto, why should he prevent others from adopting it, for who can tell whether after having run his course on the Continent, he will not

* We answer decidedly yes-if the second adaptor is led to bis work by the first-it is this consideration that determines the question of plagiarism. We must still vindicate our remarks upon MR. DAVY's publication, for if the proceeding stands within the limits of honorable authorship, why then we say the best part of the value of property in such copyrights is extinguished at once, and plagiarism or piracy are in any instance only calumnious terms.→ MR. MOORE Selects a dozen airs, writes words to them, and publishes them very handsomely in a volume, at a large expence. One or two of these airs obtain a greater degree of celebrity than the rest. The moment this is found to be the case, a poetaster and a musician go to work, the one produces the verses, the other adapts them to the favorite air, and the publisher avails himself of the reputation which MR. MOORE has obtained for the said air, and of the temptation which the purchase of it singly holds out. The acquisition of the song to even tolerable words, without incurring the expence of the whole volume, compensates the million of purchasers for the inferiority of the poetry, and thus we contend, one man unjustly avails himself of the labours of another to the injury of the latter. The question of rectitude stands precisely where we originally placed it. Did MR. DAVY set these words to this air before MR. MOORE's national airs appeared? If not, he was led to it by MR. MOORE, and this exactly constitutes the difference between a plagiarism and no plagiarism. Nothing can be more clear or more simple, and no sophistry about common rights can involve it in difficulty. The second publication either did or did not arise out of the knowledge of the first and the celebrity obtained thereby to the air. If it did arise out of such knowledge, it was a plagiarism to the fullest extent of the meaning of the term, however disguised in the execution. In foro conscientiæ, we should say the more art there is used in concealing the fact, the greater the moral turpitude.EDITOR.

(supposing the rage still to exist for this sort of publication) return to his native home and select English melodies; if he does not in the mean time grow too rich, I shall consider this a very probable case, and think it likely that "Britons strike home," "Oh the Roast Beef of Old England," Come cheer up my lads," "Black Eye'd Susan," or * "The Bay of Biscay," will be subjects to be selected as being some of the most popular. Now highly gifted as Mr. M. is with poetic talent, for the sake of argument I will suppose him to fail in one instance, and suppose that some other poet of our country should happen to set this one air to better or more appropriate words-is he in such case, I would ask, to be prohibited from publishing it for 28 years, merely because MR. MOORE's was out first? Or again, suppose Mr. M. to have set words particularly suited to his political notions, to one of these national airs, is it to go forth to the world unanswered for 28 years, merely that he and his publisher should make money exclusively by it? No, Mr. Editor, on this point at least, I consider T. C. C. is wrong, and that it would be injurious to the musician and the public at large to put a seal on that which is public right, and I really cannot suppose Mr. M. himself, on reflection, would attempt to justify an exclusive claim, or try to abridge the rights of the public.

Mr. M. and his publisher, from the very line they have taken, may have been annoyed a good deal to be sure by what they term Piracies, but the remedy is at all times within their own reach. Let MR. MOORE (who has helped himself to a full share of old airs) now begin to write to original music, and there will be no cavils about his copy-right, no occasion for T. C. C. or

Your obedient Servant,

London, June 6th, 1821.

C. C. T.

*The Bay of Biscay was set some time ago by MR. DAVY, and I put it toMR. M. whether he would like MR. D. to fix an exclusive claim on it, so as to prevent him from taking it?

TO THE EDITOR.

ELEMENTS OF VOCAL SCIENCE.

CHAPTER 5.-On Science.

THE term Science, in its particular acceptation, when applied to singing appears to be very difficult to define. Its universal and constant use exhibits one instance of the indiscriminate adoption of words, into which people are apt to fall, without affixing to them any precise idea. Every one talks of "the science of a singer," but there are very few who have ever stopped to consider what they purpose to express. Science appears to me to imply the perfect union of taste and knowledge-the complete combination of style and manner a thorough acquaintance with the rules of art, and a power of reducing them to just practice. The word however, generally, has a more limited signification, and commonly stands for the act of reading music, a knowledge of harmony, and the proper regulation of ornament, or perhaps is still more commonly wholly confined to the latter object.

The foundations of Science, in the sense I should be disposed to employ it, are laid in the knowledge of notes and of measure. The structure proceeds by the formation of the voice and by the acquisition of the mechanical elements of the art-portamento di voce (by which I mean the production of pure tone), the shake, execution of passages, &c. &c. to the knowledge of the higher attributes of expression.-Last, but not the least, is musical erudition, or such an acquaintance with the various styles, both with respect to the manner and the matter, as enables the singer to appreciate the exact qualities of a composition, and to perform it with the true characteristics of the author. Thus the works of ancient and modern composers, of PURCELL and of HANDEL, of HAYDN, MOZART, and ROSSINI, demand a different execution-principally indeed as relates to dignity, grace, and ornament, which essentially depend on the degrees of solemnity, of force, of lightness and facility, a singer is able to bestow; and hence it arises that Science is held to