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

the resolution he (hr Y) had offered should pass very
early with the assent OF hose gentlemen who had mani
esed an interest N The question on either side he would
propose that be taken up and passed now without fur
heF discussion, IN the shape in which he had originally
introduced it He believed the senator from Wisconsin
o hs woud q orSs h h.
report should be made, which he hoped would be at
very early day. the discussion might be resumed and he
had q % ss
connection with the subject.
The Senate then. by unanimous consent, proceeded
the consideration OF the resolutions which was read as
followsi
Rssoipd That the President OF the United States be
quested inform the Senate whether any and what inlor
nation has been received by the executive department,
respecting alleged revolutionary movement In The island
Cuba, and communicate 70 the Senate copies of all
correspondence and orders relative thereto.
Mr.. WALKER withdrew the amendment heretofore
submitted by him, calling upon the President 10 state,
further under what authority he had despatched vessels
Of the United States to intercept the supposed expedi
ton, il such was the fact.
Thequestion being then taken upon the resolution, it
was adopted.
THE PATENT LAWS,
The Senate, as in committee OF the whole, proceeded
the consideration of The bill to promote the progress OF
Mr. TURNEY asked the consent OF the honorable
chairman OF the Committee the Compromise, to post
pone the consideration Of the compromise bill until two
O'clock by which time he hoped 10 be able TO dispose OF
the bill now under consideration He would state that
such arrangement would meet the concurrence OF the
senator from Louisiana, r SoULEl who had the floor,
who desired to follow with his speech
MIR. CLAY replied, that from both the considerations
mentioned by the senator from Tennessee he would post
pone calling up the regular order until he hour desg
mated.
The CHAIR stated the question upon striking out the
4th 9th, 9TH, sth and 9th sections OF the bill
Mr.. NORRIS. | made motion yesterday to strike
out the 4th 9Th 7th sh and 9th sections of the bill AS
amendment has yet been adopted to the various Sec
TONS wish to withdraw my notion for the purpose of
making subsequent amendments, and then shall be will
ling to vote for the bill
The motion having been Withdrawn,
Mr.. NORRIS moved to amend the fourth section BY
adding the following clause:
Propidsd That the shall be construed
10 authorize any delay or postponemen OF me condera
ton of the application by OF notice given sub
seqnenlly that upon which such hearing shall be APP
pointed.
Mr. TURNEY. hope that the amendment will be
adopted It is only carrying out what the commit
tee desire.
Mr.. DAVIS, OF Mississippi, called for the reading OF
the amendment.
The amendment having been read
Mr.. DAVIS, Of Mississippi. My first objection TO
this section is the mingng up OF the ressung and the
extension OF patents They have been treated in debate
and, from their juxaposon in the BILL it is not to be
wondered al, though they the same thing Now,
they are in reality very different
Mr. TURNEY. am willing TO have the 4th section
stricken out the time is of more Importance than the
section
upon the matter will stale that the reissung OF pa.
et nothing more. in my opinion than the o.
the specification TO make conform to the original
discovery The extension OF patent Is very dlerent
question They cannot be treated OF together ntelgbl
and would prefer myself to have the whole section
stricken out because think is wrong 50 far as ito pro-
vision concerning reissuing and extending patent
Mr.. BADGER. do not wish TO enter into the ques-
ton about the form OF this amendment wish TO sub,
nit an observation or two to the Senate-whieh had
had opportunity, should have submitted when the
subject up beiorein reply to an objection made by
the senator. from. New Hampshire, [Mr HALE One
OF the sections OF this b-one to which two or three
Others have obecedprovdes that certain notice shall
Mr. HALE, Tin his seat) That motion is withdrawn;
Mr. BADGER, tcontinuing) That certain notice shall
be given and certain other preliminary proceedings be
had, before the patent shall be extended either by
private bill BY application TO the Patent Office II
provides Also that i the palen'ee shall be guilty OF any
given by this law-he shall not only be deprived of the
benefits oil the patent but Of the benefits conferred upon
HIM by The private bill Now the honorable senator from
very extraordinary and even alarmiDg IN committing
such authority this TO court OF justice. What
want lo say is that the senator think Is under an en-.
nature Of assurance. II is proceeding which really
ought not TO and does not bind the rights OF those who
not concerned -or IN the language OF the iaw:oook,
regulations made BY the two Houses for the purpose OF
preventing, as far possible in anticipation any case
Of obtaining an improper bill BY requiring reference in
the House OF Lords 10 udges-by requiring the parties
appear before the judges and furnish proof and having
then considered and reported by the judges, and then
again referred the House OF Lords and the proof there
reproduced-it is custom there TO insert a saving
clause, that shall not effect the rights Of any persons
except those named in it, What wish to call the atten.
ton OF the Senate TO is this that before the practice OF
introducing saving clause into private bills il is yet
taken TO be clear and undoubed rule OF the English
courts, that private bill can be relieved again by bill
IN chancery Tor fraud or fraudulent concealment Just
actly IN the same way as any other private title can be
relieved; because, although the power OF Parliament is
absolute ihefe-paramouni all private rights and
vested rghs-yet he Parliament il never understood TO
intend to affect the private rights OF any other persons
than those before them and hence II is not only the doc
rine, but has been occasionally the practice 10 relieve
parties whose rights affected, by proceeding in
court OF chaneery upon the ground that the bill was pro-
cured and used By conceamen fraud and for fraudulent
purposes
OF this bill think Il is wise and just provision that u
notice shall be required TO be gvenl do not say should
be gven-in order 10 extension oil the patent, or the
patent shall be void for want OF notice TO the Patent
Office, is only proper and right, that, IL the party
choose TO here instead OF going to the Patent Office,
he shall be required give the notice, and take the
consequences, TO wii that be shall ose the benefits
insured by the private BILL and The benefits insured TO
him by the patent II is not TO be supposed that II IS the
intention OF Congress TO take away the rights OF others
by application OF third party, who has not taken the
steps which the law requires in order that due notice may
be had by all parties.
Mr. NORRIS do not wish 10 enter into discussion
any part OF this bill still entertain the opin
ion which expressed yesterday in regard to this bill,
that II may be prejudical withdraw my amendment,
and move to strike out the 4th section.
The question being taken upon the motion, Il was
agreed 10.
Mr.. NORRIS. now propose to amend the 9th sec
AZ a IL L.fs