The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-23
TWO CENTS.
Vbe pgngn.tio T.I,,y,u%.

the Magnetic TeiYarup~.
Several artc'eh have been going the rounds Of the
Magnetic Telegraph, between Professor More an Mr.
Okeiliy lately decied by the United ststes Court
are calculated although doubt without i1sss.ian
TO prejudice the public mil against the right Of
Professor Morse, as secured 30 him by letrs patent
and not only So but give false impress, ons to
the legal brariDg in Rener, ct patent rights for usefn
inventions AND as this species If property has now
become intimately interviewer With every bsanch Of
industry particularly in this country 1t IL highly I'M
Portant soat wrong notions should, far pc aside
be removed from tn public mind In an artis lie IN
Your Journal OF yesterday sttemp: il mad %
correct the error Of tbs previous articles bat the tier
has derived His information from imperfect
M,rte's pasent rests on several points all o. which
IRE IN themselves important, but thrrs is featurs
OF his invention which is the essential basis all his
success, and 10 this will confnp ny remarks The
attempt has been made to impress TIE public mind
with the irea that Professor Morse claims of
currents OF electricity for the transmission inte
g.nce between distant points that the of
the united State' Court in,his favor gives him this
monopoly during she his pate mt and that this
decision IL Illegal because elementary principleo
not the subjects OF patents.
There Is not probably any rule of law better estab
hshed THAN that elementary principles tn
subject matters OF pate nts for they exist innanre
and cannot, therefore, be invented by man. They
are the Inheritance Of from the great parent OF
all and the fact of discovering their prop
cannot give monopoly to the dissoverer, for this
would be comforting one, what nature has given
the benefit Of sll as for instance the discovery OF
the pressure OF the atmosphere, the elastic foIo Of
steam, the force OF gravtatioa the rapid passage
electricity along or through various bodies and OF
other eltme ntary principles The mere discovery OF
these principles properties is the hAdiDg out OF
something existing in nature, and which performs its
functions without the discovery. The atmosphere
will continue to press in all directions without tho
knowledge Of the fact and water and other pom
dereus bodies will, in falling, exert power; water
when heated, will produce steam, which possesses
elastic force; and electricity will continue to pass
along metallic and other conducting bodies But
an invention in contradissinction to u disco
very in the abstract, is the finding out pro-
ducipg OF something which did not before sub
sst, the doing some thing bv the IA OF
tary principles qualities of nature, which they
would not otherwise produce In view Of this reason
ing the judiciary of EEgland followed afterwards by
judges have laid down the doctrine, that dis
covery Of principles is not the subject Of
special privileges but that inve ncns the produce
tons OF the creative qualities OF mans intellect are
and constitute the basis Of special grants contrbu
lees nothing which it before possessed therefore,
such grants are not special privileges the is
generally understood.
To guard the interests Of society, and means Of
preventing from closing the door against
Others the learned judges have laid down another
that an inventor cannot by the grant of letters
patent, monopolixe effect; that il, that the man
claim that result, but must conine himself his me-
thod of producing that result for other methods
fecting the same end may be nven,ed by others; and
to confer special privilege the first for the pro-
ducton Of the result would be to shut the door against
the progress of inventions.
Every inventor is therefore limited in his patent
the method mode of operation which he invent
ed but any Improvement modification Of that
method or mode Of operation although patentabe in
violation OF the rights of the original inventor for tho
Of the improvement necessarily involves the Of
the original method OF which 1t Is simply modifca-
ton.
From this it follows that there may be various indie
pen dent inventions methods for producing given
II suit. and also improvements on, modihca-
tons OF, each and every OF these methods
In view of these well established rules Of law, how
stands the matter between Morse and O'Reilly.
Morse cannot monopoze the transmission of currents
of electricity for this is elementary principle;
rents of electricity, for this Nv
long before his invention but the signs thus trans
mitted were simply visible signs for the time,
visible signs by currents of electricity. Such a
telegraph would, however, be Of no practical use:
and reduced to practice the idea of starting mechan
ism by currents of electricity which shall imprint
end shall record his ideas at the other. This is his
invention-his mode of operation. 1t is distinct and
definite idea which cannot be misunderstood Any
modification of the mode Of producing the record is
variation Of the printing pparatus to make
the record. The fundamental idea however OF setting
in operation the printing recording mechanism,
end by currents of electricity transmitted by the
writer at the other end still employed however the
mechanism may be varied. And it must be clear
to the mind Of any rational being that after the idea
has been reduced practice of operating
printing or recording apparatus in this way that the
chanical or chemical agen employed in the
practical application may be varied indefinitely, and
that all varia must necessity involve the
Of the original idea aud that so long tho
original idea is employed, long must the
of IL in law and in equity violate the rights of the
orig nal inventor 1t evident that if Morse trans
mits current Of electricity to make dot at the
posite end, that instead of the inerument used to
make such dot type with any given letter may be
substituted. Aud so OF any other modification Of
that general idea which is the foundation of Morse's
b. autiful invention and so long the notifications
involve this general idea, they only be looked
upon as Improvements on, and not independent of
the original invention. Were the rule of law other
than 1t is, invention could be sustained for when
a thing is once done by particular method, it is
easy matter to modify that method
u.s. however very fortunate matter for Professor
Morse that he happe ned to ia upon idea which
far appears to be the only practical method which
magnetic telegraphs can be established and that this
is appears to enhance the merits Of his invention
New York, Sept ~, lS4S, RIGHTS