Virginia Argus — Richmond, Va., 1810-04-17 00:00:00, page 1

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VI RG1NIA ARGUS.
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XVIlTa TXAH.J \ ■ A *ai*E **aE33 MAiNl'AiNS iUS SOVEREIGN!** O* TiStZ XEOEEE. , V* . ; , '
> - ■ ■- .. ..... - - _ ._■ |>NO. 1760 ]
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^ ^ (l^ST Dd!ar**Per Annum—Paid in Advance.] TUESDAY A P Q r r ir tu»n *
-.’ J iUESD^AT, APRIL 17, lblO._ [12 t.2 £toi« ^/f]
^Hce horrent* I
^CORRECTED WXEU^T.J
*as»;
D. r
*Tdnrm> - - - 5 Of
Wheat, nttrtv - - 12/
F('Htry suber- $nc% • • j5 75
Ftonry fine, . . - ‘62'
CV«, - - - - 3 3
htmby pet tonf • - 260 <y
fr.TUy m m ... • 110 (X
Raton (X) if
Uhiskfg • • . 70 (X
TO Tit
MILLERS - i
OT the United State*.
TAKE N O T I C E—*
That Congress did on th* twenty-first
day of January, eighteen hun
dred ynd eight, pass the fol
lowing Act:—.
AN ACT
For the relief of Oliver Evans.
EE it enacted by the Senate and
House of Representatives of the U. S.
«-f Amciica, iu Congress assembled,
That it shall and may be-Iawful for the
becietnry of State, on application in
writing fey Oliver Evans, to cause let-i
t-jrs oatent to be made out in the man - !
fctr end form prescribed by the aat
entitled, “ An net to promote the pro
gress of useful arts, and to repeal the
act heretofore made for that purpose,”
thereby granting to said Oliver Evans,
his heirs, exrcutors, administratorsl
and atsigUB, for a term not exceeding
• fourteen years, tits lull and exclusive
l ight and liberty of making, construc
ting, using, and vending to b« used,!
his invention, discovery and impr ve-j
incuts, in the art of xnaaufac uring
ilour and nxjfjd, and :a the several >
chides, which he has dieeovered, iu !
\eui?d^ improved and applied to that
purpose : Provided, that no person
who may hare heretofore paid the said
Oliver Evans for license to use his
said improvements, shall Ice obliged to
renew said license, or subject to dam
ages for not renewing the same ; And
provided also. That no person who
shaUhavc used the said improvements,
or nave erected the same for cue, be
lore the issuing ©1 the said patent, shall
be liable to damages there lor.
J. Ii. VARNUM,
Speaker of the House of He pro
/ ’ sentatives.
GEO; CLINTON,
Vice-President of the United States,
and President of the Senate.
January 21, 1808.
A
-* ...
TH: JEFFERSON.,
Thar in pursuance of said act letter*
patent went made out, anti delivered
to anid-Oliver Evans, bearing date Jh..
nuary 22<i, 1808, granting to him, his
heir*, executors, administrators, a»>tl
assigns, for the term of fourteen years,
the full and exclusive right and liber
ty of making, constructing, using and
vending to cithers to be used, his said
improvement ; and also of making,
constructing, using, &c. all the ma
chines, viz. his improved elevator, his
j nr proved conveyer, his improved hop-,
p-t boy, his improved drill, and his im
proved kiln drier.
1 hat under my said patent, my es
tablished prices ior license to use" my
said in.piovcmcMs in the manufacture *
of flour and incal, are as tollowe,
viz. ,
i or elevating and conveying grain,
eh v ling and conveying meal, and for
cooling the meal, and attending the
br lurj; hoppers in a Single mill, dr iving
but one pair of millstone* at a time,
one honored dollars ; and for every
additional pair of millstones driven at
the same time, either by the same
w heel or power, or Try diff erent wheels
or powers, one hundred dollars.
ter cither elevating and conveying
gram, or elevating and conveying meal,
or for cooling the meal, aud attending
the bolting hoppers, when used sepa
rately, filty dollar* fer evety pair of
•tones running at the same tiTve ; and
for ft»ytt»ooi the aforesaid parts, used
jointly withobifhc c.her thud part, sc
/ * /
1 'entv-five dolhrs for each pair of mill,
ones running at the same time.
And for elevating rice in rice mills
• rty dollars ; for each elevator for eaeli
;tngle mill, and for the use of elthet
>f the machines fi^r any other purpose.
*ifty dollars. „ '
Artd for the kiln drier, fifty dollar*
or each pair of mill stones, with in.
•erest, in each case, from the da'e o<
my patent, or from the ti ne-of begin
ning to use the same until paid.
And for license to use my patented
screw mill for > reak:ng and grinding
hard substances, such as plaater, See. or
Indian corn to be ground with the cob,
twenty dollats.
'That the Circuit Court of the United
States for the district of PeDnsj Iranis,
judges Washington and PeterA presi.
ding, did at the last October term, de
cide • case, and so construed the 9&i<l
act of Congress, as to adjudge that -ill
those who nre using my said improve
ments without license, ate liable to
damages, until they obtain license.
I do therefore give this publis no
tice, and earnestly request all those in
he .United States, who are using my
said patented improvements, or anvot
them, without my license, to pay at
the above rates, to the Subscriber, or
James I Kush, Philadelphia, or to Cap
tain Tnhn IVfnirfi' /.f
Evans, City of Washington, Nathani
el Williams, Esq. Baltimore, Joseph
Evans, near N*w«Port, Delaware state,
Samuel Nicholson, E^q.
or to George Evaos, Pittsburg, or to
any other agent or attorney I mav no
ooint, and who are duly authorised to
receive the same, end to grant such li
cences only as are subscribed with inj
dgn manual.
Those who refuse or neglect, will
please excuse me if i in future refuse
o expend all my profits in 'traVcllinji
o collect, and should put ivy demands
into the hands of Jttornics at law, wht
v/iil of course 6endihe marshals at the
r xp# nse of those who invade my fights,
11 will be very thankful to those nhc
shall save cne the disagreeable ;:eces<
iJy
OLIVER LL-A^a,
By b/f Agent^k
JOHl/ MOODlr\
Richmond, Virginia, iprll M 1
4, 1810. 1 M
Th* following deci^nJc the pj
tent right of Mr. Olive^^ans, of this
c.ty, was given at the itt session oJ
Ihe Circuit Court of the U:Wted State/
held by Judges WashicgtdWaad Pi
ters. " I
Oliver Evans,*1 f
vs. J.
John Weiss.J
Phis was an action on the case foi
\ yiolat»on of the plaintiff’# pateni
lght, and came ou upon the followin'
case agreed t
The plaintiff being the inventor ol
me ix- prove merits in the manufacture
ot flour, hereafter mentioned, and tht
patent ripht for the same bv him here,
roiure obtained having been declared
bv the court void in the action of the
hok! Evans against Chambers ; and the
’ime 1 or which the said patent was
granted having also run out, an act of
Cor.grss, entitled an act for the reliel
ol Oliver Evans was parsed on the 21st
Januaty, 1808—in consequence ol
which, the 6aid Oliver duly obtained
letter* patent, bearing date the 22d
January, 1808; notice whereof was
i'iven to the defendant in February
last. J
On the 7th May, 1802, during the
continuance ol the former patent, the
defendant purchased of the plaintiff a
right to use the said improvement at
hi* mill, on Wissahiecon crech, in Phi
ladelphia country, in this district, for
one wheel and a pair of atones; but
prior to the passing said act of Con
gress, he applied & used, and continues
to apply and use- the same improve
ments, lor two wheels and two pair of
stones in the same mi it.—The questi.
>n submitted, is whether the defeu.
daot is liable lor damages, for th« use
ol said improvements, in application
to this second wheel.and paii ol stones,
since the act of the 2id January, and
whether if so he is liable before notice
rom the plaintiff. If the opinions ol
of the court be in favor of the plaintiff,
judgment to be tn rred generally, an 1
amount to be adjusted aiterwurds hv
ilfcornies.
Judge Washington delivered the opi
nion of the Court.
It is contended by'the plaintiff,
that the defendant is liable for usia^;
. the plaiitifTa improvernent, in appli
) eattoa t» th" second wheel and pair of
stones, since the 22d January, 1808, or
at all event*, since the lime when the
defendant received notice of the plain
tid’s patent > because the proviso in]
the act passed on the 21 st of January, '
1808, for the relief cf Oliver Evans,]
extends only to cases of improvements;
erected for use, or used, prior to the)
passage of said law, and does not pro*'
tect the defendant from damages, for
using after the issuing of the patent
under this Uw,au improvement erect
ed prior thereto.
On cho other aide it ia insisted that
such a construction w ould render this
I an cx post facto law, and consequent
ly repugnant to the constitution.—To
avoid, which, itTvoivld.be so construed,
as to connect with the use of the im
provement the erection of it, subse
quent to the grans of the patent.
Although the court at the last tern,
and upon the Qrst argument, felt
strongly inclined to giv« it the con
struction contended for bv the defen
dant ; yet upon further rc9ectiou, we
are satisfied that we should do u vio
lence to the words, which no rule of
connruction shoulcfwarrauc.
i he words of ,h*t. proviso ang “ that
nnn?rc in uhn th,U '• 2 v,. t, a
» --— I
improvement,or have erected the same
for use, before the issuing ot the said
patent, shall fct liable to damrtoes
therefor.*1
1 hat it, shall be liable far having
rected, hr for fcsvifij; used the improve,
mfcnt, at any time prior to ihe patent.
But respect to the use of it, after issu
\ ing of the patent, no protection what
it*Ver is afforded against the claim fo;
I damages, under ChU law.
' I Tiie'iict:. et.v,.uV_, »a— Joes the ge
‘ niral law ^ivc to the pht...LiIT i right
of recovery egsinat a. person who c
' rected a machine prior to the hauinc
ef a patent to the first inVei.tar of it,
and who afterwards made u.e of the
same.
The act of the 17th April, 1800,
which as to this point is the only law
I in force, declares that if nnv person,
without permission from the inventor,
fijiall make, devise use or cell the thingI
whereof the exclusive tight *is secured !
to the patentee,he shall pay three times j
the damage sustained by the patentee, t
to be ascertained by »jury. Kos
! whatever doubts might have existed
j as to the meaning of the words “ d •
vise and use,” in Me 5th section of the
act of Slat February, 1703, thus con
necting the using with the devising of
the improvement, there caa be uotn
under the S;i section ot the act of 1 COO,
which repeals the whole ef the 5th sec*
tion of the old law.
I It its plain that the using of an im.
pn.veravnt invented by another, and
secured by paten:, is of iiself an of
fence, no matter at what time such
improvement was devised or made.
VVrether the word “dev.se,” which
has been a good deal criticised, is av*
non) mous with make, ns one o!
the plaintiff** counsel seemed to think,
or means to invent, u mere act
of the rnind. a construction which, ,
whether it be to make, or to contrive, (
to plan, farm or design, it is unneces. ,
nary in this case to decide, because the \
charge against the def endant is the u- i
sing of the pla’mcifi's improvements,
unconnected with the making or ck- !
v.sirg it.
Bui it is objected to this con*truW|-i(
on, that it would render the law $\j(
post facto in operation, in respect* to h
one who has erected his impdBven&cut i
prior to the gianting of the patent, to j
the plaintiff.
It must be admitted that cases of
great hardship may occur, if after a [
I man shall have gone to the expense of j
erecting a machine, for which the in- ,
ventor has not then and never may ob
tain a patent, he shall be prevented
from using it by the grant of a subse. t
qtirnt patent and its relation back to v
the patentee’s prior invention. Hut
, the Usr in this case cannot be termed ex '
post facto, or even retrospective in in y
operation, because the general law de- '
dares boiorehfetul, that the right to the »
patent belongs to hiru who is the first!,
| inventor, eveu before the patent ivji
granted i and therefore any peiapni
1 who, kuuwing that another, m the first!,
I
V
ii^ventor, yet doubting whether that o
ther will ever apply for a patent, pro
ceeds, to construct a machine, of which
it may afterwards appear he is not the
first inventor, acts at his peril, and
with a full knowledge of the law, that
ay relation hack to the first Inventior
as ubsequant patent may cut him out
of the use of the machine thus erected.
Not only any individuals be injured
by a liberal construction of the words in
the law, but the public may' suffer if an
obstinate or negl gent inventor should
decline obtaining a patent, at the sanu
tlmo keep others at arms length, .o a*
to prevent them from profiting by th
invention for a length of time, duriif
which the 14 year* arenot running on.
Hut all these hardships must rest with
Congress to correct. It is b^ ond
our power to apply a remedy. No
such hardships exist in this ca#e, where
the defendant erected the improve
ment, with a knowledge not only that
the plaintiff was the t first inventor,
ou* had absolutely obtained a patent
although it was afterwards declared in
valid.
The circumstances of this case ren
der it unnecessary to give an opinion
as to the right of a first inventor after
patent obtained, to recover against one,
who believing himself to be the first
inventor, construct-* a machine or im
provement upon the principles of his
new invention, or uses the same after
such patent issued.
L pon vhe point of notice, ire think
that the act^ of 1808 being a private
act, the defendant is liable, only Iro n
the unte he received notice oflhc ia*v.
Judgment for the plaintiff.
Estimation of ihr profits arising from
the use of Oliver Evan-.’s patent
improvements in tneartol ma
nufacturing flour, See.
'J hr machinery receives the grain
from the waggon or ->ag or vessel and
carries it through the whole process,
ma!:mg slltne meal ioto*u|>er3«ic 40m
at one operation, finishing ts it goes,
without manual labour, making it least
23 lbs. superfine flour more out of c.
very 5 bushels of wheat, tliah is mad*
in the old way, gaining the diflerenct
in price between superfine flour and »•
much middlings, saving grain and
meal from being wasted, and inunufac- '
.uringas much in five davs as the mill
could do ic six days, without tiusc i»n
provcmcnts. i
They save the tragejand board of a 1
man and boy (in a mill manufacting 1
20 blls. flour per day j per year (
»• " f> 400 i
The difference in the price
between 28 lbs superfine flour
md midlings say 43 los. on 20
hbls. per day, £ 8 33 l-3d, say ■
300 days, is 2300 i
'1 hey save from being wasted ' >
m grain and meal per day, say
33 l-3d ct8,‘t3 ptr y ear of 300
Jays - - - 100 |
1 he mill gains one day per );
week, 52 weeks at % 10 is 520}
a jiao '
To reduce each of the above items \
is low as vou can, then if interest is
lountectj’ it will shew how fast (rugal *
nUltra will insensibly grow rich by .
heir use and that those who had di»- t
icrnment to avail themselves early of o
heir great use (both those who refuse 1
o pay as well as those who generous- s
y paid for licence) who have been 0
jrowing rich by the use of the im- b
>rovement*, while those who obstinate
y persisted in opposition to their in.
roduction, have deprived themselves
>f the benefits, their profits have been 11
essened in proportion as the others 5
lave been increased, and will so conti
iuo as long as they persist. The in.
entor’b demand Isr licence to use the
mprovementa, is not one third part of «>
he interest of the profits that the mil.
er may gain by them in 14 years, »s Vj
e Itmiwb that no miller without them, nj
an stand in competition with another M
dio has applied th;m so as to yiel<i 'r
heir full benefits—-hut.* if millers ^
dll (as they generally hare done) ap. <t
iy t icm so as not to yi Id them more «U
inn one fouih part, he is not to blame, Jd
c ha* given full direction* for the ap*
11 cation in his tnill-wrighu* guide.
le and his agent* have travelled one i»
undred thousand niiles traversing the ct.
Jmttd States tor i3 yeara, to teach
niiiwrrght* to buil I r. ad millers to
>ly and use those improvements uad}
have been derided and insulted by ma<
'y» while others more generous an l
nlightened have freely paid for liee.v:
:o use them, and which defrayed the
-xpenscs, hut the time and laboir
*vould have been lost hat! uot congr'e**
"assed the act for his relief. No-./ if
my who would have remained igao*
(anjLof those improvenrieuts had not
?ucffy extraordinary exurtions beta
nade to make them known, shoo Id u» *;
them, and refuse to pny the : v. or
me third part af the intero;: r the
;»rineip->l they may gain, by 1 is Nboar*
»o.l i nproreinenta, will h- vv' bt-justi
fiable-in receiving every cent tifdurr ».
?es that the law wi’d give him, fro u
those he may he compeUt d to site ?
L^ivv tc Miscellaneous
V BOOK S £’ORE.
-/ ,—„
LEVI IS At)A MS. Has ju«t received
i freshaupply c.r RfjG&S, among which we
9acon<« Abddgement. Coke** InV-Juuc*,
li >n*s Biackstn >«*. new woikj Comyn on Con.
-aett, do. and Voi. 1 Hening U M nford.—
Men the following new Novelty via. Don Sr
>»«ian, by Miss ^o^er ; Hou.or Ame i-»nge.
'jjw »n * edttc»tion • Glencgm, by the the .author
>t Hie La vver. Also Sequel to the Antidote io
he M series of Human I ife.
A gentnl itni mem «f Law. Classical and
Miscellaneous Hooka as Usual, wh ch wi.l be tcld
un kbcial teiaii.
'.Circulating Library.
uEWlb ADAMS, Having com
frienced a Circalating Library, which at j»/«*ant
wmisU of about seven hundred voltt'iiem of .‘lo
/o’s and {Romances, and ou*. bundled a fifty voi
noe. r.f H •lory, Voyages, Travels^ a .d works
>f r>n|it4 liters u «?, tome of which *.r? as iuilowst
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bertaon** Charles V 3voW.d> CsrrL Scoi a .d,
do Uepoirsy* aget* rhe Snanjt Mait,3vo
do. Barrow" Trave a do Mrs Welt • Lerera
t yyo-'.nz idy, do. Life of Sir Wm. Jones, do.
BigT'nd‘i Letters r.n 'he Study of Hitttow. 1,.
! >hnsr.n*s Liv« of the Posts, 4 vol I.a^yVf S
W >r :«y Mon'agrt’^'s works, 5 vol Csngq/r.ii'jTTI
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Wonderful Magaime 3 vol SvdiAy >*C /
.rov rntTient. 3 vol. Svo. Shake-pt „/
works, * vol Spectator, 8 vol Tatfer^Nt^
Mirror, 2 vol. Idler 3 vol. The We- d, 4 voi.
Plutarch's Lives. C vol. Kftllin'a ancient
Historyt 8 vols. Kendall's Travels. 3 vol.
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York*, S vol. The batircs *01 JuveoaJ tr ns,.
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iT7m Presents th# Ladies and Gentleman
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owing terms ot Subscript on, viz. ;.n . : c
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lets by ihe bi-ok to pay i> cents pci id!.
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Should tiie Library meet with t!«t pat-.
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:eive, frequent additions will be in-tk l» it,
»r ne w and valuable publication* 'the
greater the subscription iuq $.rc aei me
aricty.
yhe following new work)have just btea
dokd to the assortment, vi*. KonmuCi .#*
he.J*> ranees, 4 vo . CJenearn—Rosa or
InatTiCnii f.un us and education—l;l.t «.j A.
hens— a»,d Don Sebastian, or the
f Uriganz*, 4 *.,l t>y tn« celehated M »*
’orter, Autlrturas ot '1 hudtieo* of \v-*r
iw atul the Bul garian Ermhei*.
87“ A consignment ofFOUK CRATE#
fbTOJsii WAli.il fust received aad lor
»!« bf“
LEW7IS ADAMS.
JlVchmond, April i. laio v/tf.
”T ikl»i*N’iAl "
i Halifax County (‘.outtf In Chancery,
2r«h March, 1410.
Lfphen Huddltnitin and Mary HuJdhtv u
his wife, adinm-arrator an I abut mis’ra„
Irix of VVllltum V<uugef, dec, i i.i*.
Against
r’dliam Uoskin* aad lohn Atone, Uefts.
»e defendant Willing II tir;
»• *• appearanv a,
<»i d mg to the \ ■ . » .,
fcj* of this c urt, «n-i a
u totf* .Cf'ii «,t r c. ,
^fet au inhabitant of this Cnm«...iu
. m .( on of : oir }. ! * w;ti!?« ! .j - o*_
is ordered, tout tho said Wtdta n Hu»k>IJIi
> appear here ra* tho fourth Mornm. i «
tvs .next, and onager the bifl oi ti.e •;*« r .
1>, and tiict a cepy of this mCt ( be jx r ,
ni» inserted m or,* <»f the o* •* «,;« ■■ •
itiiniitd a the ci:y of Uiclwo’ina !. r n.-;.,
■eke eocce»*iv*ly, riAeu^d *. me ',i ,.
or Oi trie Courucm^fPiM •« .. u-u< ’
A Co;>> j Veue,
L .VlLLUtfi,*. S, <4