Back again!!
   First to answer George's question. I am unsure when Dan Alex died but if he was a WW1 soldier he was probably born in the 1890's, so he could have lived into the 1940's and beyond. Johnathan died in the early 1940's but I am unsure of the exact year. He was a close friend of my grandfather and they are buried a stones throw apart in the Stewartdale cemetery in Whycocomagh. I will try to remember to check the date on his headstone the next time I visit. In any case he would not be gone long enough for any copyright to expire. He had no direct descendants but his closest living relatives are friends of mine so I could arrange contact with them.
All that being said I am still unsure which song is being requested as in many ways they are similar, but they are not the same.
   Fergusson states in his liner notes that #2 is to the melody of "Bithidh Eutrom 'S Togaibh Fonn."
   In Barry Taylor's post above the link gives the lyrics of #1 and gives the tune as "Bithidh Eutrom" as well. His midi link no longer works so that is no help either.
I have an lp recording titled "Orain Cheap Breatainn" in which the same singer , Malcolm R. MacLeod , sings both #1 and #2. I am quite certain that this is Malcolm "Angus" of the North Shore Gaelic Singers. Angus was probably his fathers name and R. his given initial.
Och mo Dhia, it is hard to make this story short!
I guess the question is ????????????????????
   Are both of these songs based on Bithidh Eutrom ?"
The songs are different enough that I would say no , but again they are close enough that it becomes subjective.
My mother used to sing #2 to the same air as Malcolm but in a jigged up version. This jigged up tune was also the basis for the song mostly in English "Along The Shores Of Hogamah" which gave rise to "Along The Shores Of Washabuck" and also to The Rankin Family's "Mull River Shuffle." Another song with a similar tune is "All Aboard For Antigonish." It is also a fiddle tune but I don't know the title.
I am a bit confused by all of this to say the least.
I would be more than happy to e-mail both versions to anyone seriously interested. I have each one on my computer now but they are 2 or 3 mb. I could probably compress them down a lot but you would probably still need a rather large capacity mailbox. Hotmail may not do it. In any case if you pm me with an e-mail address, if you don't want to post it on the forum, I will try.
                   Moran Taing Dhuibh agus Slainte!
                                 Sandy