The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-12-20
rH1RTY-FIRsT CONGRESS.
SECOND SESSION.
Senate.

SECOND SESSION.
Senate.
wAsHIsorsS, Dec. 10, 1850.
PRELIMINARY BUSINESS.
Mr. srnAsrrAS, Of Arkansas, appeared and took his
Seat.
After the presentation OF petitions and reports Mr.
DoUeLM asked and on notion REUSED from serv-
ing on tho Committee on Foreign Relations.
THE CIRCUIT COURTS PENssrLvANrA.
Mr. DArroS intr oduced bill to change the time for
holding the Circuit Courts in the Eastern and wes-
Tern Districts Of Pennsylvania.
MISCELLANEOUS.
Motions to take up several bills were m ade and lost
Mr.. BADcER's motion to amend the rules by direct
Sng that feveral classes OF tons and docu
ments shall be printed taken up and agreed to.
BINDING MILITARY REcoNNoIsAScEl
"A resolution reported yesterday from the Committee
On printing, in favor of binding reports Of m ILL.,
tsry reconnoisances In manner superior to the ord
nance binding Of the Senate taken up and after
debate, the whole subject was laid on the table.
REMOVALS FROM OFFICE.
Mr.. prADBuRYs resolution respecting removals
rom once, came up In order, and
Mr. BRIeHr who had the floor, being absent the sub
.ject was postponed till tomorrow
TO PROMOTE tbs PRoGREss
Tns bill 70 amend the act to promote the progress of
The bill amen fed largely at the last session by
ene Senate and then recommitted to the Committee
Eatsnts which committee reported the amended bill
MT IvRsDv moved to amend the amendments Of the
Mr. JEFFERSON DAVIS was op POSED TO the trial of De.
tent cases before the ordinary judicial tribunals He
In favor Of establishing special court to try pa.
tent csses where the whole I'm were hes.
of moe scientific dstinctions At the proper time he
would oner substitste for the bin.
Mr.. TuRSSY raid that courts on Law compe-
tent to try patent cases they were to try murder
-cass-whsre death was occasoned by poison, or by
steamboat explosion on account Of defects In the ma
shinery. In these chemists are called In to
snalyse the alleged poison. OF science to give
their opinion as TO machinery. The courts, bar and
jury decide these cases the opinions OF such
skiful men, and Why not decide patent cases on
the same evidence III the argument, that courts
of Law we're not competent to tIy patent eases,
cound why would II not apply as well to the senate
imged,st. amendment before the senate was, that
each defendant in suit for infringement OF patent
shall be .nti;ed 20 ssi, yaess % be served on the
Mr. JEFFERSON DAVIS replied % shos that the courts
OF law not the best to Try patent eases
the same evidence and cited the authority OF Judge
story and Judge Kane Of Pksde phia to sustain him.
Ne did not think Congress the best constituted
body to frame patent laws.
Mr.. TUHSEr replied.
Mr. Seward said he understood the amendment nov
pcnding was 10 the effect that when pafentee should
enc any one for Infringement OF his pstent the de-
PENDANT might out Jcias 20 try the validity
OF the patent and that the ORIGINAL suit should be
the validity OF patents was involved and would os
tried; and he could see no justice In making ths
pateDtes the def ndAnt instead Of plaintiff Instead
f the of suits being decreased they would be
doubled; for every defendant ~hsn sued could have
nus Wit OF tCUe fncdg. II blfcub NVurs III Onc
district 20 decide for against the validity OF
patent, that Judgment would no. be conclusive or
Anal In other districts a. other parties on the
same pats mt right. lie opposed to the bill AID
hoped another would he introduced
Mr. TrnSkY rejoined, and ths ans ndment was agreed
TO- -
Mr. Trnsrr offered an mendment, making certified
copies of spechcatons granted In foreign countries
receivable in evidence trial OF all cases for infringe
ment.-Agreed 20.
Mr. JErrrasoS DAVIS offered substitute for the
whole bill Laid on the table.
MT Badges moved that when tho Senate adjourn
e adjourn to Monday Carried Yeas, 20 nays, 10