The New York herald., 1851-12-04

inftisgsmsnt and ssch would be entitled TO patent
for his own invention" (Gsdson, 63, 66, H)
Morse's claim, ~ now presented, 10 without Q
parallel for presumption and extrsvagsnos, yet 1t
has found IN portion Of the public ~ press
sent moment, to be set up against the s@gnses ofs
foreigner, who has had patent granted to him by
the proper authorities under our laws.
No. g.
1t il in evidence that it was not until 1882 that
Morse, on his Ysturn from France, in the ship Suy,
turned his Attention to the subject Of the electric
telegraph. DR.. jackson, of Boston, explained 10
be made BY the needle, or lever, which had been
used for pointing to letters. Morse soon began TO
avail himself Of the results Of the various scientific
examinations and experiments in this country and
In April, 1888, he applied fer patent He obtain
ed patent on the Doth June, $50, but made no
practical application Of his invention until some
Mor.e 81 %pSs Of his o,9ns
application, claimed the benefit of various add-
tiops and improvements, made from time to time
in all parts Of the world. He amended the speci6-
cation of his original patent 25th January, 1885,
surrenderipg the old patent and taking new one in
its place. This was repeated on the 18th June,
1S4S, and on each occasion he expanded his claims
On the llth of April 1916, hs took out patent for
what he calls his local circuit. He amended the
specification of this patent on the 18th of June,
lS4S, taking . re issue, and on the lst Of May,
lS49, be obtained patent tor what Is called the
TO that of Balm. Judge Kane's decision proceeds
on the first patent-he declines entering on the dis
cussicn of the chemical telegraph. He holds that
the patent for the local circuit was violated but
it is unnecessary to examine this question, tn,
decision upon Morses first patent covers the whole
ground, and presents the great question OF public
interest to which We have already adverted.
The plan adopted by Morse was to make marks
and dots, whilst most Of bis predecessors preferred
visual telegraph, the needle pointing to plain let
ters but making no mark. Aad there is good req
40 haIs hat had do
pIiaton to bring out that system, improvements
would have been introduced from time to time, and
the result would have been . more reliable system
than that of Morses, there being great liability to
errors in the use of the dots and marks.
Morse armed the end Of the needle or lever with
apin to make dots on paper Dyer made marks
on paper by spark; but neither OF those gentle
men could claim q monopoly in the use of the mo
tive power Of the electric galv anic current for the
purpose Of conveying intelligence at telegraphic
distances for there is no pretence that the nven-
tion and application OF that power for such Pur-
poses originated with either of them. Morse,
however, is entil the credit Of obtaining from
Congress q grant Of money to enable him to build
an experimental line from Washington to Balti-
more, without which aid it is most probable that
other persons weuld, at little later period, have
had the credit and obtained the profit Of bringing
into practical every day use, in this country, the
art Of telegrsphng by electricity twas not until
Morse obtained his ratent, that he effected any
practical result, although, in 1882, his attention
was directed to the subject by Dr. Jackson, and
five years terwards, Morse's carcat was filed. 1t
has been customary, in some quarters, to give him
the credit of discovering all that was the fruit OF
other mems labor from 1882 down to lSi9, the date
Of his last amended and enlarged patent.
AS already observed, it Is claimed that Morse
invented the pin the end Of the lever needle
1aake dot alsC roller, with appropriate machi-
merry, to keepthe paper moving, and . stenographic
| alphabet, and thse be increased the power Of the
electro magnet. His claim to originality in all
these several particulars is denied but onceding
it to the fullest extent how does it follow that he
LAS right to the exclusive monopoly OF all the
Gaesns OF marking intelligence by electricity, what
| ever may be the mode used, the distance, and SO
forth Judge Kane says that Morse was the first
to devise and practice the art of eording language
at telegraphic distances, (what is . telegraI bic
here meant by " language" and what by :" record.
ipgr" 1t is not disputed that others had caused
marks to be made on paper by the force OF elec-
trcity, which were Ineligible by noting the lapse
behalf of Morse, that no one before him had made
mark as q sign for each letter, wherefore, no one
recorded language" We have seen that this
Assumption Of facts Is incorrect but even If 1t were
otherwise, then Morse would only be entitled to the
benefit Of his machinery for making the marks
/ The invention OF astrenegrsphie alphabet would
lot, of ITSELF be proper subject for patent, And
the utmost extent of Morse's right would be to
patent for his mode of recording, which would
! include the alphabet Any one using different
machinery to record intelligence, could use the
same alphabet
Here We may ask, what right had Morse to use
the old invention Of the electric telegraph for trans
mttiIg intelligence between distant points, either
by the detection Of needle pointing to letters, or
hy the making Of marks upon paper, interprsted by
noting the lapse Of tune between o. s the MAKING SI
liz nrooertv 'saw, Morse claims the exclusive
right OF using that o1 invention to produce other
marks, on the strength OF claim 70 be cons dered
the first who attached pin to e1u u ;ots,nrs,.l
by stenographic alphabet and introduce roner
TO keep the paper moving while the dots and das's'
we're made upon It,
Why should not others be allowed to use the old
invention, adding thereto a process different from
that added by Morse, and producing q different re-
sultl IL Is not asserted that Morse could prevent
any one from using electro agnetism to present to
SS, an Or hsn Aaws Letter.
piece of paper against such letter, or sign, and
take an impression, then, according to Mr. Morse's
last expanded claim, construed on the widest ex-
pansion principle, bis patent is violsted because II
is construed to be patent for the general, or alb
stract, idea of committing to paper whatever in
telligence may be sent by electricity.
We can discover no reason for this enormous
claim, unless II can be found In the following pas
sage Of Judge Kane's opinion
I" live 20 back to the early story Of our race, and
mark the stages Of It's long and difficult advance
from language the FIRST exponent Of ought, to et
ters, its first rec0rd-and from letters to printing
which first difused letters, widely though slowly,
among men-and from printing 10 the telegraph,
the electric register of thong spreading its hbres
of sympathy over the intel gent world, and making
il tbr b simultaneously every where, as with the
pulsstions Of one heart; who will say, ,Lst each
transition between these great epochs, that signal
zs the moral and Intellectual progress Of kind
Ehould OF be marked by a memorial as stately, as
the fret clipping Of cut nail, or the conpounding
Of a new variety Of liquid blackiDg or that the
men 10 whom wo owe them should not be dealt with
as Literally, or at least a. justly, by the state p
IL any meaning at all can be collected from this
rhapsody, il is that somt Jdy ought to have had
monopoly Of the art OF writing in the age when that
art was frs. introduced, and that the present age
should he distinguished by q stately memorial
in the shape OF huge Onspoly to Mr.. Morse.
But the Judge does not show US how the authorities
are to be got rid Of, which decide that one can
claim a patent for the invention or discovery Of q
new principle o. art generally, but only for the
mode, machine or manufacture 90 carry out the
principle and reduce the art 10 p-lctie Thus, the
lnN entnr Of - the art OF com nonndinR nav variety