The daily crescent., 1848-09-21
The Maguetic Telegraph.

The Magnetic Telegraph.
. The suit of Morse Us. O'Reilly has been decided
AGAINST the latter The decision, however, so far
as we can learn does not go to the extent asked for
bv the plaintiffs The great question at issue was
the pretension set up by Professor Morse or rather
by Mr.. Kendall in his behalf, to the exclusive right
Of conveying intelligence by means of electro-mag
netism Whether any decision at all was made or
this point we are not informed, in the short notice
of the proceedings which has reached us. tseems
at all events that the injunction only applied to the
use of a particular instrument, as an infringement
on Professor Morses patent, and we learn that 'ie
instrument in question has already been thrown oui
of use and another substituted In It's Piace' to
which it is supposed that the same ooectlons VII
not apply.
No one can be more desrous than we are that
Professor Morse should be fully honored and amply
rewarded for his great invention. 1t was the duty
of the Government of the United States to pay him
m,nfcently for the product of his studyand genius
and 10 take the entire management of the tele-
graphic lines as part of its postal arrangements, and
as means " necessary and proper" to enable it to
discharge with greater ease and expedition Its I'M
portant constitutional duties. The telegraph fur
nishes power far too great and dangerous to be
left in the hands of private individuals or joint stock
companies, the agents of which are amenable to no
law, and incur no penalty for the performance
Of their duties or for positive misconduct in the i'm
portant trusts conided to them. But our wise men
in Congress are not ready to appreciate the impor
tance of eat discoveries or to avail themselves o.
the numerous and wonderful Improvements of the
age. If no political capital for their immediate
States or districts, no implement Of party attack
or defence can be made out of subject, 1t has
but poor chance of meeting with favorable con
sideration from the speech-making gentlemen whom
the people send annually to Washington, at vast
expense TO attend TO their business. Thus, the op
portunity of obtaining control of the telegraph was
ost-apd it has now become a monopoly IN the
hands of individuals. 1t is one of those things,
however, the monopoly of which is liable to so
great abuses that the natural feelings of the people
will induce them to seek every means to break II
down, and secure for themselves something like
| free competition The slightest reflection will
teach us that with but one line of telegraph be-
| tween NewOrleans and the Northern cities, the
people of this region are, in many of their most i'm
portant business transactions totally at the mercy
! of every operator on the line-they must rely upon
the intelligence integrity and fidelity of men whom
thew do not know, and who are acting under nc
| legal responsibility whatever This is an undoubt
ed evil which ought to be remedied. By having
two Iines-the one to act as check upons to correct
or verify the other-much of what is Objectionable
would be obviated. Yet, if it be true, as is pre-
tended, that the patent of Professor Morse give:
him the exclusive right to eectro-magnetism tt
transmit intelligence, the impossibility of establish
D,,yyr 10 vantf bIralr . fbo
any such construction can be put upon the patent
One man can no more have the exclusive right II
use the lightning of heaven to produce certain re
suit, than another can have the exclusive right u
use the waters of the earth for different or sim
liar purpose The great elements Of nature canno
be appropriated and monopolized by any human
laws The machinery by which these element
are subjected and rendered seryiceable to man
forms proper subject for the exercise of human in
genuity, and, when invented or discovered, hecom
nroper objects of individual ownership. If Pro-
Morse. therefore, has found out the only machin
that can be used in magnetic teegraphing, we mus
submit to the caprces the interests of his agent
or assgnees; but if other machines can be EN-
ployed, even if they are not so good, we hope tina
they will be brought into use, not for the purpose
superseding his or depriving him of any of the re
ward to which he is entitled, but to protect tn
great interests of the community from the danger
which they run when any man or irresponsible
body of men have the sole privilege of furnishin
speedy and important intelligence. 1t is for th
reason, and for this alone, that we were anxiou
that OReilly should succeed in his suit, and tbs
we still hope that the decision against him will nC
put an end to his telegraphic operations on h
Southern line.