The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-24

ludt enu may DC crowned Win entire
IN regard 70 those difficulties. must cav that It does
mol appear 70 me that the proposition Of the honorable
senator from New York mr. SrwAHDl is likely to re-
Move them, q Z. 70 Contribute anything towards doing
Sep how can we prevent men from suing. il they
disposed g sue suit Is matter Of right Any man
can AXE out who likes do not see how yop can take
me hre step under that amendment Suppose that parties
in Louisiana and New Hampshire commence simultaneous
suits ~ their respective States which Of the two shall
which shall stop And how Is the notice 10 be given from
the to the other court We do not split up days in
such cases, the honorable senator from New York
knows The great difficulty in the case grows out OF
the very great extent Of wide spread country We
stretch from ocean 10 and here is proceeding
commenced in two States, lying at different exremes 81
this broad land. There is no possible method, that
am aware Of, in which notice can be disseminated from
one point throughout the country that suit has been
commenced. Such is the nature OF the difficulties.
There are also other difficulties OF different nature.
purchase the right TO- patent in Warren county,
Kentucky. There may be one hundred counties in the
State and hundred different purchases in those differ
ent counties from the numerous agents for the sale OF
patents who traverse the State selling fot cash, where
they can and. where they cannot making exchange
for poperty and where they cannot do that selling on
credit; and then, before the year is out many OF these
purchasers find outhat they have made bad bargain and
ready enough to avoid their contracts and then they
hsfs M
sed to pays and for that purpose they contend that the
patent is beneficial invention, and they cannot
proceed step in their defence without raising the
whole question. 4
Now sir. with all these difficulties pressing upon him.
amidst the multifaoas duties Of each day here, am
not at all surprised that the honorable chairman OF the
Committee Patents does feel somewhat perplexed,
and ready TO accept any amendment which is Teasona
BILE. and which promises to unrayel the complicated
snarl cannot wonder at it. But the question returns
What are we TO do, surrounded as we by these diff
cul,ies II does to me that mode OF trying
these questions such the committee have desired TO
get at by ociGs. ought TO be devised Some mode
OF avoiding the difficulties that surround the subject
ought to be devised. While am not prepared to admit
LA L..
ator from New Hampshire MIR HALE] has good and
well-founded objections against the provisions Of this
BILL made to cover thirty States and one hundred
ties in each State and the honorable senator from New
York Mr. SEwARD] has good reason 10 say that liti
giant must have long purse to sustain suit in all these
hundred counties with one man for example, il each
proposes that no OF these hundred Kentuckans that
may suppose 70 be from each county OF that State may
commence his litigation pro and and If the in
ventor lives in New Hampshire, he must meet the whole
OF them in uckyoherwse, his patent is declared
null and void Now, can readily thai Yankee
inventors might take alarm at bill Of this sort. not
without foundation say but that it would be
exactng too much to subject the patenees these evils,
and the remedy which suggested for il was to confne
to one tribunal After all these suggestions that have
been made in different quarters hope my friend from
Tennessee will allow recommlment Of the bill, and lei
the different members OF the committee who have studied
this matter during the session, revise carefully They
have heard all objections they the difficulty; and
they must be persuaded that of wishes to de-
feat the bill but actually to carry il through. If my
friend will allow me, will make the motion to recon-.
nit the bill, with its various amendments already made.
as well as those proposed TO- be made.
MIR. DAVIS, of Mississippi, rose, but gave way to
Mr. CLAY, who suggested TO the senator that the hour
had arrived Tor the regular ORDER and he hoped the
aor from Louisiana MIR SouLEl might be allowed to go
on with his speech.
Mr. DAVIS merely wanted to say that by the consent
of the senator from Tennessee he had intended to move
recommitment OF the bill and in connexion with that
be would beg leave add that the sections proposed to
be stricken out-the 9th and 7h-conlaned, in his opin
ion, the main merits Of the bill The great defect in the
existing patent laws was, that there mode for
direct repeal Some must first infringe upon the
patent, and commit violation OF law, in order to test
the validity Of the patent There should be some mode
by which suit might be brought forward for repeal OF
the patent from the day OF its issue, and with that pro-
vision the patent should be made conclusive of the ques
ton OF validity; that IN suits for the Infringement the
question OF its validity should not be tried He agreed
with the suggestion OF the senator from Kentucky, that
would be well TO organize court, with peculiar quail
70 y qvoes heb '9e wad om o. b
Patent Office would then be at end This done, and
one other defect supplied, instead OF compelling ignorant
inventors depend upon their capacity TO draw their
own specifications or employ an attorney he would have
persons employed by the government and attached TO the
Patent office, who, without departing from the plain
meaning and intent of what was included in the model,
composition, and drawing, should correct all specihca
tions and thus would get rid OF the swarm OF leeches
who hang around the Patent Ofce and exhaust the poor
inventor sometimes compelling him to sell his invention
He would be content with the law and organization as
On notion the further consideration Of the subject
o'clock.
cmIroRMA-TrRRIroRIAL GOVERNMENTS
The Senate then, as in committee Of the whole. re-
sumed the consideration OF the bill TO admit California
Sats into The Union, establish territorial governments
for Utah and New Mexico, and making proposals TO
Texas for the establishment OF her western and northern
boundaries.
Mr. SOULE addressed the Senate in reioinder TO the
replies OF Senators CLAY and Downs 10 the remarks sub
mitied by him Tuesday last His speech, having been
withheld for revision, will appear hereafter together with
some remarks by Mr. Clay, in reply]
Mr.. MASON, having subsequently, obtained the floor,
said that he understood that the honorable senator
from New York [Mr, DIcNssos] had got the mint bill
made the order OF the day for tomorrow, and that the
honorable senator from Kentucky acquesced in IL, he
would move that the further consideration OF this bill be
postponed till Monday, and be made the special order for
that day, at o'clock.
agreed TO.
MIR HALE said that, as he did not see the honorable
senator from North Carolina MR. BADcER] IN his seat,
he would that when the Senate adjourn, IT be TO
meet on Monday next
Mr. DICKINSON said that, il that motion prevailed,
he would have TO ask the Senate 10 take up the bill for
the New York mint on Monday He said that he had
troubled the Senate but little, and be would the in
diligence OF the body on tomorrow, TO take up that
bill.
The question being taken upon the motion to adjourn
over il was decided in the negative BY yeas 49, nays U.s.
Mr. BRADBURY moved that the Senate adjourn
Mr. CLAY wished the honorable senator to withdraw
his motion for moment simply to allow him 10 say that
he had acceded as far his opinion and vote went TO
he wish OF the honorable senator from New York lMr
DcKrssosl TO take up the mint bill on tomorrow, and
-, a. bill