The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-12

discussion al all. doubtful 10 the policy which
this bill proposes Ii is limited. believe 10 the manu-
iacture OF shoe lasts and axe-h elves at least,
defsland H. think, perhaps that Congress woad do
wiser thing 10 limit the measures proposed in this bill 10
articles manufactured OF wood The Senate will very
readily see that this may lead 10 retaatoy legislation
and they will very readily perceive ALSO that The better
course OF policy s,to have party take out patent in
iofegn country rather than 10 protect them by legislation
But, seeing an evil existing IN this particular case, and
knowing that this the third renewal OF his patent for
which protection is asked, and supposing thai patent
could mol be obtained IN foreign country, rather
disposed 10 let the bill pass and limit it 10 that
Mr.. ATCHlSON. concur in the remarks made by
the senator from Massachusetts Mr. DAVIS and in order
that we may have tune to consider il, | that the
further consideration OF this bill be postponed until Mon
Mr.. BRADBURY. It will take onIya few moments
longer do not see that the senator from Massachusetts,
Mr DAyIs expresses any doubts al all as 10 the policy
Mr.. UNDERWOOD. hope the senator will consent
70 let lie over, BECAUSE II the gentleman at my lett Mr.
HALE correct in the suggestion he has made with
gard 10 innocent, persons who purchase these articles
think the matter ought to be looked no and. for one,
would not be willing TO vote upon II without some ur
ther examination OF the subject.
Mr. HALE. With the leave OF the senator from Mis-
souri,, Mr. ATensoN,l will make asuggeson. want
TO suggest this 10 the from Maine. [Mr BRAD.
BURY, who has this bill in charge: am friend OF The
BILL and want to have pass but to have pass in it's
present shape would be the most monsous trap set
II involves entirely new principle and one which is
dangerous In It's tendencies Every where throughout the
United States, by this law you subject all penal
lies VINO ARTICLES mat manufactured
country il they made by machine which has been
patented here Ii purchases cloth, and il turns
that II was spun or wove by machine upon the other
side OF the line which patented upon this sde thai man
is to be subjected TO penalties although he may be gno
rant as to where or how it was manufactured Now, sir,
say this involves entirely new principle, and il is an
alarming and dangerous one, and one which ought
never to be adopted. liza man has machine for weaving
CLOTH and somebody else manufactures cloth in violation
OF the rights OF the pa'eniee, that subjects him to
penalty but this bill subjects the innocent purchaser who
purchases goods for use, whether clothes, hat cap boots,
or shoes, to penalties; and think it is wrong principle
hope sir. that The bill will be permitted 10 lie over
the Judiciary Committee, hope may be alo we'd 10 say
one word. II was with reluctance that could
give my consent to the bill at all 1t carefully
worded by Mr. Dayton, nay former colleague upon the
committee. The Introduction of the bill by my colleague
upon the committee my friend from Maine tMr: Brad
DURY] was altogether without my knowledge. there
lore agree, 10 some extent, with the senator from New
Hampshire. As long as this bill is founded upon the
principle that persons 10 be subjected TO penalty
who make use OF machines without taking out patent,
in violation of the rights OF the paenee have objec
ton to it; or if it imposes penalties upon those who
knowingly traffic in goods that manufactured in vio
laon OF the rights Of the paenees; but as i seems TO
apply 10 others who in justice ought not to have penal
lies imposed upon hem would say 10 the senator from
Maine thai doubt very much to the propreiy OF in
Producing this amendment and certainly cannot give it
my sanction.
Mr. MILLER Mr.. President, | am very anxious to
have this bill disposed OF at this times but will say TO
the senator from Maine, [ Mr. BRADRuRYl who has
charge Of this BILL that prefer the bill introduced by
himself and reported by the Committee on the Judi
cary-leavng in the word :" SALE" as TO avoid the
difficulties which have been suggested by the senator
from New Hampshire, [Mr. HALEl think it will EN-
brace all the rights OF those who have been named.
Then. sir, by the amendment of the senator from Mas
sachuse,,s, mr. DAvs,l combining il to articles manu-
iactured from wood, do away with all the difficulties
that have been suggested II il highly important that
persons who engaged in manufacturing under patent
rights, and who have these rights secured by the laws
in our States should be protected, and Immediately
protected against this piracy upon their ghls-conhnng
II 10 articles manufactured from wood, and not excepting
those who engaged in breaking the laws OF the un
led States hope, therefore, that the Senate will con-
sent 10 the amendments.
Mr. BRADBURY. feel bound, after the suggestions
which have been made by the senator from New Jersey
Mr. MmLER,l 10 assent 10 the amendment Certain II
is the chairman of the Judiciary Committee has
recty stated that this was amendment offered by myself
but il was done upon explanation from gentleman
who understood the matter, and who SAID that without
il the law would be comparatively useless, and that
would be violated with impunty However, as The hon
orable senator who introduced the bill Mr.. MILLER ad
ms the objection, now move reconsideration OF the
vote striking out the word "sale" and will also make
the motion suggested by the senator IRON Massachusetts,
Mr. DAvIsl
The motion 10 reconsider was agreed 10,
The question being then taken on the proposition TO
amend by striking out the word "sae," and inserting the
word "use," IL rejected.
Mr BRADBURY. now move, in accordance with
the suggestion OF the senator from Massachusetts, TO in
sert, after the word ARTICLES in line 9Th, the following
words manufactured in whole or in part OF wood"
do not however the necessity OF any such provision.
Mr.. DAVIS, Tin his seat) will Withdraw my sug-
gesion, sir.
Mr. BRADBURY Then withdraw the motion.
Mr. BORLAND. | cannot see, sir, the necessity OF
the proprieiy Of making this amendment. cannot see
why we should give protection 10 one class OF articles
and not to another
The PRESIDENT. The senator from Maine moved
that amendment the suggestion of the from
which Immediately withdrawn.
Mr.. MALLORY DIR. President | do not wish 10 in
tefere with the passage OF this bill; but 1t strikes me
that the bill is OF very great importance; and l. for one,
will ask the senator from Maine to defer lis considera
ton I'LL tomorrow morning II this bill be for specific
relief will ask il patent for this person has not been
renewed at least twice, il not thrice and 1t be so
will ask il this be not in fact protection enough II II De
for general operation then must be at that an
endless litigation will grow out OF the passage OF this
bill and will be seen at that the remedy must ex-
tend 10 the manufacture OF articles Tor sale across The
Atlantic, well the line, in order 10 be OF ser
vice.
Ii strikes me that it is introducing an entirely new
principles that has been struggled Tor Tor years. but
which has been hitherto withheld IL strikes me that the
Committee on Patents have bad this subject under con.
sdeation for some years, and have sudiousy avoided
giving their assent the principle involved in this bill
may be mistaken in this sir but really II seems 10 me
TO be matter Of grave consideration, and as such
should like TO look into little and therefore ask
that may have days further consideration OF this
bill. | move that it be postponed until to morrow.
Mr. UNDERWOOD May suggest an amendment
now sir, before the question is taken upon the postpone
ment will renew the motion TO postpone II the gen.