The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-03

note, VINO mas expressed an OPINION 10 the Wrttcr,
has aifir ed it was just review. In view OF it, a
Parthi An fight has been sustained Every issue but
the true ones which ought to decide the question,
may be met, but, in the true, they
futter, raise dust,
And fly eonvi ction in the dust they rase.'
All these cunning evasiors of the points at issue
are tacit acknowledgements of imbecility. But the
undersigned has pledged himself to prove or refer to
proofs, which, on a subpoena duces tecun,, may be
forthcoming, that where the prejudices Of the COM
missioner are strongly excited by personal amino
sity, he cannot for he will not facts bearing on
patent right at stake on his testimony or infu
ence, even when all the world can see and under
stand it, namely, from the practical working.
The testimony in the case the complainant
would respectfully refer to is in the hands Of the
counsel Of the patentees, Seth L. Staples, Esq,
whose clients-the Messrs. latham & Brothers
were the holders of patent for very perfect ap-
paratus and method of manufacturing leaden pipe.
Mr.. Ew bank having formerly been plumber, was
calledfrom Washington from the duties of his office
an expert in that manufactures, and formally in
troduced by the counsel for the defence rs qualified
to decide the case on his bare oath against all oppo
siton.
Tie machinery was in daily operation in the
meantime, within half u mile, or at most three
quarters of mile, from the place of trial, and had
he desired it, he might have examined it. His best
friends did examine it, and warned him not to dis
grace himself by attempting to swear down one who
had the at hand of stultifying him by ocular
demonstration. But he would take no heed; but he
swore, you might as we'll think -sG-forciAg him
through the orifce which formed the leaden pipe,
ard bring him out whole man, as to think thus
to make good leaden ppe, and they did set the seal
upon his credibility under oath, by intro ducng lead
welded and pipe made according to the patent, and
the jury decided in favor Of the patentee thus met
by all the prestige of the oath Of the heai Of the
his place in Washington with call his blushins
honors thick upon him" Even hi, best friends pre-
diced that such conduct rs they had warned him
SO anst would work his expulsion from the office he
holds.
What we here relate may seem incredible. bu,
the proofs of all this are believed to be clear and
undeniable Is it not equally surprising that such
a man should continue so long in office
But We are taught by the New York Tribune that
the opponents of the commits 'ioner have nothing
really against him, except that he Is an English
man. and that it is in effect an unjust prescription
to keep all adopted citizens out Of the higher and
more honorable offices of our government.
IL is thus that the true questions at issue are at
tempted to be cvaded
It's easily perceived that threat is insinuated,
that il the mmissoner should be removed for any
cause, all the influence the New York Tribune
can command shall be brought to bear against the
main body of the wing party But no party ever
acted high, independent honorable part, without
drawing more strong and honorable supporters
than il lost by casting aside rotten props, which
are always least to be depended on when most re-
quired.
But as to the notion that the adopted citizens Of
the United States will take offence because an in
competent and vindictve Englishman, with all the
prejudces of his class, may be removed, Is only
another evidence of incompetcncy as party tacti-
clan, for there have been three natives OF England
elevated over the American Patent Oaice-namely,
Thornton, Jones, aud now Ewbank-whllc there
has not been ono Of any other nation In the mean.
time, where there has been one citizen In the United
States adopted from England, there have been per-
baps a huI died from Ireland, and Germany, and
France, and other nations; and it is an implied
ns ut to all Of them, not less than to Americans, TO
place over American inventors an individual who
n al Lahi in he
such real engineers of his own native country as
Brunei and Stephenson; IL is an insult even to the
better informed Ebglisbmen in our country, thus
To held up to the chats OIL satire or ridicuie one
they cannot defend
ses, the longer n all be r,main in otcr lie IL so:
and his defenders will place themselves in the posi-
ton of the woman who, being inpatient Of con-
uo, vo we'd she would never consent to promise to
obey any man Who had not been deaf, dumb, blind,
ard idiot from his cradle IL IL easy to conceive
hat, with some parties, the evidence OF ncompe-
t,pcy On the part Of an incumbent of nm Office OF
trust honor. aud oBolum ent, is his best rcconmen-
dation, if his prcjudices are in their favor and
against their opponents.
for M plicai VIXEN others cannot; and respectful
y bit whether, In this view OF the question, any
lsts mt agent who was active 10 procure the nOIn-
nation AMI confirmation Of the commissioner, who
has not stood like n Cerbcrus at the gates of the
Patent Office, demanding his sop; and whether be
has hot for like services, from the late and present
commissioner, near eighty patent rights, m whole
or in part IN his name; ana whether his greatest
anxiety has not always been even while pretend
ing 10 net with inventors, to secure more just pr
tent laws. that the Commissioner Of Patents should
nos be drought into contempt In eases Of appeal
from bis q, cisions.
1t is believed that h the public could only be
brous ht [, "a, this contest for justice from
the Patent Ofice- whiih by the way rs Of no late
origin, their ears might Jingle. The writer begs
leave 10 say, that he has dabhled little OCCASION
ally in political matters. but in no other case has
be ever witnessed great disregard Of the rights
Of any class OF citizens Of inventors since he was
first called upon and urged, some several ars ago,
to propose measures for their benefit, and that oy
gentlemen not Of his own party only, but chiefly by
HE Ioliticsl opponents.
As IL might appear vain glorious to 60 into the
tails, AID in some respects irrelevant, he cannot
relate the whole matter. Suffice II to say, that
before Mr.. Ewbank was nominated to the ofhc, he
holds, he excited the indignation Of the inventors
Who beet knew him, ard called forth the unan nous
opposition Of public meeting, fairly called, where
tie ycte was taken by ballot to nominate q ,andi
date.
But false pretenccs were used to secure names Of
inventors in his favor which, when discovered, only
rendered them the more indignant. They justly
dreaded a tyrant in the Pstent Office.
That the Patent Office is and may be conducted
tyfai nicaly, will APP from the following facts
but short wittcd, even honest commissioner can
hot, under our present Patent laws, act otherwise
than Financially.
The commissioners assume TO establish bylaws
or iu,s, shich. ii not complied with implicitly,
they may for long time disregard applications, or
raise up vtxaious delays or even absolutely refuse
10 issue a atent frivolous objection. lacy
r>ey deny that an invention is useful, aud so refse
q ,'a,ent, aud yet not be responsible | might give
.atAl.a .Gt lie In, h.. n