The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-23


count OF the misrepresentation and concealmen what is
to be the nature OF the eyidencei suppose the members
OF Congress to be summoned and asked II they knew
this and that members OF the committee may be
moned and they may be inquired OF if they knew this and
that. think moments view will satisfy the chairman
q the COMMITTEES that the sonsng Of such powers
beneftng inventors for whose benefit this bill in
tended will be virtual destruction OF the patent laws
if this bill is carried into effect and made law Of the
land will let the motion stand to strike out the
Mr.. TURNEY. The motion Of the honorable gentle
man last up is, to recommit the whole bill to the CON-
mlttee, without single argument TO sustain this motion
This movement is upon the idea entertained BY many
patentees whose claims have been pressing before the
committee since have been member Of it, that
the patent should be concusive-there should be no
ing is to be considered. The high moral character
which he has taken into consideration must be main
tanned expect to hear him advocating fraud in
any possible shape, form, or manner. HIS great oblec
ton to this bill seems 10 be that the bill seeks to put
down fraud, when practsed upon Congress-. Fraud
vtiates anything, and decree obtained by fraud void
his
has everything Does he suppose there be
patent issued, and should never be inquired no as TO
whether he the inventor If it bona hde dis
covery.
Now, sir in relation to the great matter of this bill
the 9th sectionf il be Objectionable the should
have proposed amendments avoid the objection TO the
BILL The validity Of this patent is to be tried upon
notice being served upon the party whose interest is
dUeCeu, anu 10 dHtCt Vi pdtcHcc
the senator then ought to propose amendment, and not
object the Whole BILL because it may be possible that
bargain would take place between the principal and his
agent between the principal and the assignee Now,
does strike that it is better for the parties-the
paenee well those interested adverse to the patent
that i should be sd by one suit instead q Larger
fraud and invalid-hat those who have the patent have
valid M They are & Obtained By fraud and perhaps perjury
embracing very large and very valuable machines for
manufacture They have brought suits against indi-
viduals for infringing their patents. and they will con-
tnue infringe long the courts will permit them to
ii The court decides against the validity Of the patents
they will permit non-sut, and permit
suit than they will issue second letter to these parties
and hence another suit the parties being haassed from
BILE these persons 10 force the individuals using the
chinery to pay them for patent TO which they had no
original claim whatever, evadng the law, and evading
pension for patent for which they have CLAIM in the
leasnot the shadow OF caim-but the TACT thai they
have the parchment from the Patent Oc there's any
thing in it, ii obtained by fraud and Jury. How
these things to be avoided Here is the great mischief
and surely it ought to be avoided in manner in
form In this 9th section, if there is objection,
remarked before, consequence Of the notice pro-
poses to serve upon parties to show the nvady Of the
patent and to authorize Congress to declare null and
ton, and not TO defeat the whole b SO as to leave in
force these fraudulent patents. that they may still exo
money and wrong the honest manufacturer by that which
this bill is full enough however should not be tena-
cous, II senators should purpose amendments The bill
these notices to be served to the and they
issued to all persons having interest in the patent
and they are responsible The courts shall order notice
to be served upon them Having discretionary power,
the court order its clerk address letters 10 the pat
entee as well as the propretors Of the patent any part
OF the Union, and publications may be made, not only IN
the county, but in every paper in the United States They
bring the parties before them by serving this notice
upon Them for the purpose Of doing justice by getting rid
OF fraudulent patents the hand, and enabling the
patenee to be fully heard and his rights avowed, upon
But, sir, have remarked before, if this bill does not
prove full and ample enough in this section, hold It Is
sufficient reason for striking out the section and de-
featng the bill altogether Surely something ought to be
lonesome legislation is necessary in order to secure
justice all parties Necessary for
he osne q the naGn and M e oens o. na ,ps e. @
stands persons will infringe his patent often merely
the validity Of his patent He will bring suits, and
persons may honestly believe that his patent not valid
and therefore they will 60 regardless of it, and infringe
the right he may have He will have suits against fifty
hundred PERSONS at the same me perhaps Tor the
purpose OF testing the validity OF his patent II this
section law, those who are acting in good faith
would not desire to take from the honest inventor
what belongs to him. They should test 4 by the
writ of seire fdcidsthat settles the whole matter
by one law-suit-and then permit him for the re-
mainder of the term TO enjoy the full benefit OF his
patent But now these law suits multiply wherever the
idea prevails that the patent is not valid these suits
multiply TO large NUMBER and are scattered over large
portion OF the Union and at the expiration oil the term
ne comes 10 the OnCe OF 10 IOngefs, hnoWt
he has. in point Of fact. expended more money IN
this immense number OF suits than he has realized
from his patent II he could have settled the matter in
one lawsuit, he would have made profit to himself
Now, Mr.. President, believe am iniruding upon the
consideration OF the resolutions oil my friend from Ken
lucky, tMr. CLAy,1-t being after one ocock--and viii
therefore stop move that the further consideration Of
this bill be postponed to at halfpast twelve
and be made the special order
The motion was agreed to.
NEUTRALITY-SUSPICIOUS. GOVERNMENTS.
The Senate them in committee OF the whole, resumed
the consideration OF the bill admit California State
into the Union, establish territorial governments for
Utah and New Mexico, and making proposals to Texas
for the establishment oil her western and northern bound
aries-he question pending being upon motion by Mr.
DAVIS, OF Mississippi, to amend the 10th section, by
inserting the following:
Provided That nothing contained in this section shall be
construed prevent the territorial legislature from
passing such police other laws providing such rene.
dies protect the owners OF African slaves In said
Territory, who may to said Territory, In the
oyment Of such rights they possess under the
stitu,ion and laws Of the United States.
Mr. UPHAM Mr.. President when rose yesterday
at the close of the session. stated in the few remarks
that made, that not my purpose TO enter into the
discussion OF the general question and the reason
signed was that had been confined to my chamber
much during the present session OF Congress that had
not strength for such undertaking stated further
that merely for the purpose Of correcting mistake
into which the honorable senator from louisiana MIR
SoULE1 had fallen, in the OF his remarks, in
Bile senator alluded to sister State that had law sus.
tanning what he called peonage, did not notice that
he mentioned the State of Vermont. MY attention was
at the moment directed 10 another quarter and did not