The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-11-19

OF act OF looOJ beCtlOn
words:
Section A. And be IL further enacted That the said
Commissioner shall cause a seal 10 be made and
provided for the said office, with such device as the
President OF the United States shall approve; and
copies Of any records, books papers, or drawings
belonging 10 the said office, under the signature Of
the said Commissioner, or, when the office shall be
vacant, under the signature of the chief clerk with
the said seal affixed, shall be competent evidence
in all cases in which the original records, booke,
papers, or drawings could be evidence. -4nd any
person making application therefor may hace eerti-
fed copies Of the records, dratongs, and other papers
deposited an said office, paying for The tDritten
copies The of ten cents for eUery page of one hun
dred loordS, and for copies Of drGl1ings the
able expense for making The same
Mr. Bradley argued against the construction
placed yesterday upon this section. The act OF
Congress made the Patent Office the sole and ex
elusive place of record ofall patents, and Of all and
every assignment of patents, OF any interest
therein. There no other place of record.
Suppose he was about TO purchase an interest in
patent where should he go to ascertain if there
had been any previous assignment, or whether the
patent which he was about 10 purchase was now
the actual property Of the party proposing TO dis
pose Of it All the records were deposited in the
Patent Ofhce and were obliged TO be there deposit
ed by express enactment. Had he the right to go
there, and, upon rendering the fees prescribed by
law, ask and receive copy of the patent and Of
all the assignments? Or would the Court say
that Congress required that he should frat purchase,
and be sued i'll court for infringement, before
he could ask for the copies.
If citizen of the United States had no right to
demand copies OF such papers, then Congress had
established record which to all the world, save
the Commissioner of Patents, was sealed book;
and what Congress has intended to be shield to
the citizen, by requiring all assignments to be
placed on record, would be converted into wea'
pom OF offence.
Must the citizen about to purchase an invention,
interest i'll one, first purchase and be sued,
and then find out whether he ought to have 80 pur-
chased; or has he not the right, upon complying
w 10 nj "A record
In order to defend himself from the fraud or deceit
of dishonest seller? Ii would be unjust to impute
to Congress such shameless legislation.
If this construction be the proper one, then Con-
gress indeed has erected record, but has placed
In charge of it cerberus, in the shape OF the Com
missioner, whom the citizen will have first to humor
and conciliate before he have permission to
look at that record Did Congress ever intend to
confer upon the Commissioners such power, so ire
mendous i'll the hands of corrupt officer for evil to
the citizen? How tyrannical it would be to compel
all records to be deposited in particular place,
and then deny the citizen copy Of that record, I'M
less to do 80 suited the whm or caprice of the Com
missioner; compel him to get into a lawsuit first
and obtain copies alter
He cav no difference between the law making
the Patent Office place of record of all patents,
Sc, and that law which made the county clerks
Office the place of record of all assignments of real
estate No one would pretend to assert that the
county clerk could refuse, upon tender of his
fees, to furnish copy of any deed record in his
office; nor could he see wherein the party having
CUSTODY OF assignments OF patents was dl1lerently
situated. The county clerk had no right to de-
mand of the party applying for a copy of deed
what use he intended to make OF it. Nor had the
Commissioner of Patents any such right He
thought the law clear, and was perfectly
amazed when he heard yesterday that different
opinion entertained.
The Court adhered to it's opinion of yesterday
II thought it clear and evident that the whole sec
ton should be taken together, and that the inten-
ton OF the Legislature, in framing that whole
ton, was to make certified copies high evidence
as the originals The originals could only be re-
quired in cases in court and the section clearly
intended that any person entitled to call for the
originals could demand the copies. There
evidence in this that the plaintiff had any right
to call for the originals and therefore had right
to demand the copies. The instruction prayed by
the defendant was granted.
To this ruling of the Court the plaintiff excepted;
and the jury then rendered verdict for the de-
PENDANT; and judgment was entered accordingly.
THE PRAIRIE INDIANs.-On Saturday evening
Major Thomas Fitzpatrick arrived in the city,
bringing with him fifteen Indians, eleven of them
the Rocky Mountain delegation proper These
consist of Cheyennes and Apahoes, (John S. Smith,
a native Kentuckian, interpreter;) and representa-
tives of four distinct bands of Sioux, known by the
names of Blackfeet, Ogallah, Brculle and Wasa-
zase-Joseph lesson, half breed acting as inter
prefer These Indians are delegates from the
great council held during the past summer near
Fort Laramie, at which upwards of ten thousand
Of their people were present, and who repre-
scented to be the most formidable and best equipped
savages the continent, and pride themselves
upon their independence. As horsemen they
surpassed and in warfare they are armed with the
bow aud arrows, the lance, and the shield. They
occupy the country which intervenes between the
remote western States and the Territories of Oregon
and New Mexico, and the State of California Hence
the necessity of cultivating and securing their
friendship. Tho General Government has wisely
taken the initiative in this important work, which
every one must hope will be in the highest degree
successful.
On Monday the delegations, accompanied by
Major Fitzpatrick and the Interpreters, paid their
respects to the Commissioner of Indian Affairs,
and afterwards visited their Great Father, the
President of the United States, who delivered to
them short address, expressing his pleasure
welcoming his red children, and trusting that
their tour through the most densely populatej por
tons of the Union would be productive of better
understanding between them and their white
brethren.
When they returned TO their quarters they were
extravaganza in their admiration of their Great
Father, whose face they had been SO anxious to be-
hold, and gave vent to their qualification in songs.
They were in full native costume
In the evening the Commissioners OF Indian AT
fairs entertained them handsomely at his residence.
The delegation will remain in the city several
weeks.
The treaty made with their respective nations
has not yet been received.
II is to be regretted that these representatives
have been subjected TO much annoyance by crowds
of boys, to such extent that they indisposcd
at present to walk the streets An escort of several
police officers would have the effect of preventing
- q Al If, h,rh lho,r
plain In fact this is necessary, object should
be TO impress them favorably towards the pale
faces, of whom they will give account to their
people, who will thus be influenced in their future
conduct towards American citizens passing through
their territories.
We visitcd these Indians at their quarters yes
terday; and there learned that Maj Fitzpatrick also
brought to the city with him four Ottoes-two men
and two squaws--who joined The delegation on the
Missouri river. There arc likewise at Mr.. Makers
four Iowas, two of them squaws, who were induced
by some unprncipled white man to leave their