New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-05-01
Mr. Cutting having concluded his argu-
ment, Hon. Daniel Webster addressed
the Court as follows:

the Court as follows:
i'll should detain the Court by the part which
have to perform in this discussion for any great
length OF tine | hope the Court will believe that
what have to say is long only because have not
had tine to make II short.
There are many topics in this cause calling for
particular observation. | will discuss them with
ali practical breyity.
shall not attempt to follow my learned friend
who made his address yesterday, step by step, III
his very thorough detail of the matter in contro-
versy in all its aspects and in all its bearings This
is "A patent cause Of considerable interest one
which Will he found at last to involve great diff
fculty in principle but which does involve great
amount Ut property, and does largely affect the
interests and pursuits of great number OF m
divduals.
am happy that am able to say that the dfs-
cussions in this Court have been conducted en-
ticly i'll that spirit and with that decoruln which
should ever be exhibited by able and intelligent
members OF the Bar when they are considering
questions of great Importance. II indeed there has
sometimes come up from this record an evil odor,
that periumey found its way upon the record
before II came INTO this Court.
Ii is provided in the Constitution of the United
States that Congress shall have power to promote
the progress of science and the useful arts by
securing for limited time, to authors and nyen-
tors the exclusive right 10 their respective writings
ard discoveries The law acknowledges the existence
of the night OF an inventor to his invention property
auage in which ii speaks of this Enportan. sub
jet The Constitution does not attempt gioe an in
venor light to his invention, or author right 10
his literary productions. No such thing But the Con-
siiuion roco2RieS original, prceXsting, inherent
light ofproIeIy in The invention and authorizes Con-
eTess To secure o inventors the enjoyment of that right.
But the right existed before the Constitution and above
the Constitution, and natural ri yht clear than
thai which nsscrt in almost any other kind OF
rro, ciiy What earns by thought, study and
is much bis What he obtains by his hands
nv lsfu law has oh IN
inherit lie estate OF his father take by devise But
the natural law gives right TO his acquisitions
a. In the case OF securing quadrupcG, bird, fish
by bis skl, nc ustry, or perseverance Invention as
night OF properly stands higher than nle lance
device, because personal earning 1t is like
QUESTIONS by the original right Of nature. la all these
there h eifoIt OF mind well strength
Upon acknowledged principles rights acquired by in-
venon stand on palmer principles OF natural law than
most oher rights OF property. Blackstone and every
other able we public law thus regards this natural
night ara asserts mans title TO his invention
earnings.
Tie night Of inventor his invention Is no monop
oily 1t is 10 monopoly in any other than
mems own house Is monopoly. monopoly it was
sndersi Cd Ia the ancient law grant OF the right to
buy se or tsry on some particular trade conferred
OF the knss subjects TO the exclusion of all the
rect such monopoly is unjust. But mans right 10
DIS own invention Is very different matter 1t 10 no
more monopoly for him to possess that than to possess
his own homestead.
Bu, there is one remarkable difference IN the two
cases which this, that property In own inyen
lion piescns the only where be made 10 nav for
he exclusive enjoyment OF his own For by Ia the
permission so 10 enjoy the invention for certain number
OF year. Is grantee, the condition that at the expra.
ZION of he patent the invention shall belong TO the nub
&C. Noi so with houses not so with lands nothing il
lalc Tor thtn pt The usual amount of taxation hut
to' The right to biz owp, which the natural Law Gives
nun, the inventor we have just sean paws an euor-
nous price. Yet there is earnor ou;-oidoors calcu
late To- ebauch the public mind
But better feeling begins TO prevail more ip,li-
gent esnae OF this species OF property begins 70 png
.p ltt am sorry 10 sag that there have been mem
u-eIe SIN are some men in the community who would
not GO sn immoral action, who would rot Tor their lives
PICK law II their neighbours title deed and who vet
MAKE no serIpe OF endeavong By every means In their
power to pick flaw in his patent That feeling il
unjust, Illegal ard unsocal
Nor may il please your Honsrs this patent cause ia
founded ca two patents issued by the Government 10
1h~ ks one in 1889 an6 the 9th in s49 for
apIooess OF manufacturing India Rubber The history
o. 'LAi natural prCcuct has not been much known t
lately IL Il gum procured from an equatorial tree
icuno IN greater less quantities in Brazil and called
by ho'anists fcs Eastis The natural history of the
uee Is ho' undressing tn said TO be in some of its
specimens the est tree growing on the face of the
EARN lhere are instances IN which il is Described as
ben nearly hundred feet III circumference n mn.
up iely, MY or sixty feet without branches then as
c'pos to hundred hundred and fty feet and l.
crowned CT tu..Cd with rich foliage The leave are |
'h'k aud long, tx or seven inches in length The In
onis pio,uie he gum by ncion in the tree after the
Hntr N "tNn tne sap Is obtained from the maple in
lie Notion aid Middle States. When the gum ex,,aes
om tie W i j. Of milk color and Of the consisrencv
q bcu,y. tIlcss De speedily submitted 10 some rr
tcs and, therefore, when the Indians have
s0ailtd IN the morning, they sppy il the same day
ger alter lay en- forms Of clay, lssts Then thev
1t N Ire III okc o. sre made Of peculiar nu, thps
q tny drying IT. hut nlpartng 10 il the dark color
n'L u boz ~hen we receive Il here In the shape of
a IL, tSEisf, shoes.
N"tre that IL first introduced into Europc
~ s~iiht h'rch usv-eTs In l.4i IL Franceshey
'a'e y ti nhAottnhJ Pr, heAbif rrsu, Dr.. Pdestsy