The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-03
[ADvERTIsEMENr.1
ADVERTISEMENT.
Charges and Arguments against Thomas
Ewbank, Commissioner or Patents, by
Clinton Roosevelt, Of New York.

Charges and Arguments against Thomas
Ewbank, Commissioner or Patents, by
Clinton Roosevelt, OF New York.
To H IiExoELLENcY WILLARD FILLMORE, PREsI-
DENT OF THE UNITED STATES.
81 have the hOhor to acknowledge your COM
municatiOn in answer to my Inquiries as to the
nature of the investigation respecting the fitness OF
MIR, Ewbank for the Office he holds as Commissioner
Of Patents.
The importance of the subject of improvements
in the arts has begun to draw the attention OF the
most ambitious nations to the means oy wolch the
inventive powers of man may De pest developed
aid turned to their advantage.
1t has been seen that inventors are the pioneers
in the great race, well of bloody ambition as true
Archimed dies, with few of his countrymen who ha
the good to accept his mind as their means Of
defence was more than match for all the hosts Of
Rome, led by their most famous General Marcellus;
and it hardly needs demonstration now, that all
the force of men united could not furnish means OF
offence or defence in war, equal to the powers OF
the arm Of the greatest inventor In word, that
q single vessel of war; properly constructed and in
vulnerable, would be an Overmatch for the COM
bined fleets of Great Britain and the world.
Nor in the arts of peace is the inventive power
less evident, For the nations having the greatest
amount of the best machinery for manufacturing
articles Of necessity and luxury, may Gall other
things being equa) accumulate the worlds wealth,
and draw all nations to it, without fleets armies
to overrUn the earth with fire and sword.
How manifestly important, then, is it, that there
should be equitable patent laws to reward the nven
tor; and wise, dspassionate, candid, and unpre-
JUDGED Commissioner OF Patents
The inventors Of New York have decided. in
effect unanimously, at public meeting fairly called
in all the daily papers OF the city, that such is not
the case at present; but no heed has been as yet
taken to their suggestions, further than the willing
ness expressed on the part of your Excellency to
hear what may truly be proved against the Com
missioner Since then the writer has published in
the Ameican artisan, of New York. a review OF
the mechanical qualifications of the Com missioner,
exhibited in his first report to the Senate OF the
United States, IN which he challenges approval.
Teat review, humbly conceive, fairy demonstrates
tina, the head of the Patent Office Is deficient in
mechanical knowledge, and incapable Of judging
and deciding correctly between the interfering
clair of inventors, Others, who may be disposed
to commit piraces on the rights of patentees-not
perhaps, as much a man born blind would be
to dstin guish cOlors, if we look only at his mocha
meal attainments; but when his moral and mental
qualifications considered, l charge, and intend
to prove by DcOntrOvertible facts which are matter
of record and common report, that the present Com
missioner of Patents, Thomas f. gbank, suffers him
self to be SO blinded By his prejudces, when he has
malice OF i'll will to crafty against individuals with
whom he has had controversies, that he cannot see
what even the most uppretendng, ordinary indivi-
dual cannot fail to perceive Mt glance.
l have therefore charged that the Commissioner
Of Patents is not honorable, and is not qualified to
FIJI the Office he holds with credit to his friends or
advantage to the country. Nor will any man VINO
knows the wful, influential, and vlndictve charac-
ter of the followers of the Commissioner, who have
"glorious light" sent to regenerate mankind by
mechanical " mrtors,' lightly make such charges
as the undersigned has presented
Those who have watched the cOurse OF events,
have seen the Senator from Mississippi denounced
in the most opprobrious manner for having ex-
pressed his gnaton that the funds OF the govern
ment should be devoted to the publication, far and
wide, OF pestilental heresy, which he considered
"blasphemous, disgrace to the nation, and which
ought be burnt by the common hangman."
He was dc nOunced under the disgr lceful term of
- ~ E~.k ans, ola Af -
second prophet. The editor Of the New York Iri-
b.aae had volunteered introduction to the New
Testament of his sacred leader, to ''prepare the
way Of his Lord and make his path straight" and
hence his reputation was at stake, and on his
own character for consistency 1t still is 60 lie has
offered to the world to pledge his own reputation
for honesty in that of his prosecuted Lord and
Master.
But sir, your Excellency will perceive that the
undersigned has made no charges of MALE asance in
Office against the Commissioner, nor has he been
counsel for any who have done SO. He advances
alone, answerable for who have preceded him,
and di ;caiming all alliances.
The course pursued by the editor Of the New
York Tribune has been expressly calculated, from
the first to pre- vent witnesses from volunteering tes
timony; and none to whom the complainant has
applied will volunteer lest their motives should
be msconstrued, and they be denounced in paper
Of extraordinary circulation, whose subscribers ar
not all wise to distinguish between fair reason and
confident assertions.
If the Commissioner were on trial in any ordinary
court of justice in his own country, his outside adj
yocate who should take such a the editor
OF the Irbaue has done, however he mi ght imagine
he was subscribing he ends of justice, would be
likely not merely to be stricken from the rolls as an
attorney ofthe Court. but to see the handwriting Oh
the inner " alls Of some prison house.
The undersigned respectfully submits, whether
sinister nhuer of such character do not deserve
proper rebuke, whi,h may with effect be given
FROM the Presidential chair while the humble cit
zen can only protest In view of these facts, if the
writer had not twice met, and he fancies, fairly
vinquisbed the leading editor Of the New York
Iribpns, he might claim the protection of the hon
orable Court before which the delinquencies OF the
Commissioner are To be tried But as the complain
aut lie modestly assured he can protect himself, al
lie asks is an honorable meeting OF proofs and argu
ments, face TO face, and not Parthian combat, ir
which little better than the assassin, the assailan
s,ahs and flies.
The complainant is perfectly aware, that in al
political movements the simple merits OF "a case c ~
hardly avail apart from all other considerations
that political unions of adverse interests, must b.
the result of compromise, and TO our sorrow, tn,
people Of tho United states have, In their segcra
eally termed clog -rolling," which is for u wing Of
party to refuse co operation unless the main body
OF the party will consent TO carry through some
odious monopoly by which the vampires Of the party
may suck the blood Of he body polite for their owr
advantage.
Sir, the undersigned cannot shut his eyes TO the
fact, that what has often been done may be agait
contemplated; for many believe 1t lawful to do evi
that good may come, and their condemnation will
be just.
IL is presumed sir, that the left wing Of the great
vhig party desire to have and use the funds, md
patronage, and advantages of the Patent Office, n:
a condition Of supper ing the right.
Indeed sir, in the fret report of the Com missioner
he distinctly lays down scheme in which the idea
is embraced. And it is respectfully urged, as one
Of the most disbonorable propositions ever made t.
this Government, that the funds taken "a fees from
inventors should be set up in prizes TO those wac
may in the opinion of the ruling powers be quail
fed 10 take them.
Ii is submitted whether this proposition does not
q nd to favoritism and corruption, and whether, a
IL tends to tax n small body Of citizens for the os
tensibc benefit of all, IL would not be dre,t viola
ton Of the constitution to adopt such policy
And yet sir, IL will be perceived that the m ala
body Of the great whg party has no alternative be-
tween adopting positively or absolutely rejecting
such n corrupting policy. The public understand
no mixed policy They cay the way Of honesty Is