The daily union., 1852-12-24
CONGRESSIONAL.
DEFERRED DEBATE.
WEDNESDAY, DECEMBER "a, 1862
[cosTIsuED.
SENATE.
REMEDIES TO pAresrsSs.

the head OF the calendar move. sir, that it be now
taken up for consideration.
The motion was agreed 10,
The question was stated 10 be on the amendment TO
strike ou, the word use in the sixth line of the fourth
section. and the iith line of the first section;
Mr. HALE. Dir President. hope that bill will not
be pushed to its passage at this time. am IN favor oil
great many OF the objects OF that bill but the Senate
will recolec very well that was the occasion e gfeal
deal OF discussion the last session. when II was up Tor
consideration, and that there great deal OF diver
sty OF Oppioa h ssasd TO its various pro-
vsons and there distinctions made between nav
ing articles .'lor use and g for sale, which some gen
uemen insisted upon with good deal oil Iorce, but which
do not wholly recur 10 my mind Just now. therefore
hope the senator will allow that bill 10 lie over until to-
Mr. MILLER Ii the senator will allow mo-
ment will say that The Senate adjourned when this
matter was ~ before, Just after motion made by
the senator from Delaware Mr. BAyARpl TO amend the
bill by striking out the wofd use But the objections
whch the senator has TO The oil believe are now re-
moved II has been amended according to the senator's
ideas -
Mr. HALE know very well that the Chair will
recoect this bill and think the chairman OF the Com
mttee the Judiciary slr buTLERl spoke upon y
know the senator from Delaware Mr.. BAYARDl had
something say upon and there good deal OF DIS
cusson and good deal OF apprehension expressed about
the various provisions OF the bili; 80 lar as ! under
is 10 protect American inventors against heterogeneous
upon their rights By carrying patented machine over
The other side OF The ne and manufacturing articles and
then running them back INTO this couhiry lor sale
That understand be the general object OF the bill,
and that | am in favor OF decidedly But my impression
very strong thai the bill was reported went good
deal further than that and subjected the honest and The
ignorant purchaser OF OF those articles that had been
thus manufactured aud brough into the country TO GER
tain penalties if il found 10 his hands For instance,
sir, il piece OF cloth that was manufactured IN ma
chine thus carried into OF the adjoining provinces was
found upon the hack OF any of citizens that cit
zen might tha, bill was reported be subjected to GER
tain penalties tha, provided in the bill Now SIR
whether the bill has been amended In that PARTICULAR so
TO obvia,e all OF my objections or not IS what do
not know. II j, has been. l am in favor OF IT.
Mr.. MILLER, lin his seai) II has.
Mr.. HALE. That is The very thing | want to ascer-
tain Il do not want take anybodys word for 1t, al
though have much confidence in The senator IRON
New Jersey MIR. MILLER as any man living; but
should prefer opportunity TO examine the bill myself
wish To have il lie over until tomorrow, and will not
Nj. MILLER Mr. President. should be glad to in
duge the senator but this bill stood the head of the
calendar during the last session OF Congress II was
taken up, think. three times; and The bill was so
amended TO obsiae tae objections which were raised
The last time il up think would have passed the
Senate had not mo,ioo been made to adjoasn when a
discussion arose upon the amendment one'ea oy Tue SEN
The original bill Now, am willing that that word
should be stricken | think that the senator from
New Hampshire will be satisfied that his objections 10
The bill a. il was frat reported been removed il the
Senate will allow il TO be read; and ihnk he VIII be
satisfied tha, the bill stands only tends TO guard the
legal rights of paenees by preventing The importation
OF those articles Canada II anything is TO be done
ii ought to done now TINS IS the reason why cannot
to have it postponed until tomorrow, or un,ll
alter the holidays.
Mr. BRADBURY The principal objection urged
against this bill ihe last session that 10 attempt
ing project The paienees. he penalties OF the bi' were
visited upon those who should knowingiy use the anu
ces tha, had been imported, and which had been manu-
iacured out of The country by those patented machines
The objection then was mainly confined TO that clause
which prohibited the OF the manufactured article
supposed myself that the bill would not give adequate
protection without retaining that portion OF However,
il is believed that will amount 10 something that u
will give some protection; that VIII Afford partial re,
lief by omilting that portion OF the bill and understand
that rather than be left without any rele those inter
esed in the measure will consent That that portion OF the
bill shall be stricken out That being done, apprehend
no objection whatever will be found TO the bull
Mr. BAYARD. dad move, Mr President, when thus
bill before the Senate at the last session, 70 strike
out the word use" in the fourth line OF the hrs sec.
on and the word use in the sixth line OF the second
section The language of the bill lsf any person or
corporation shall import hereafter, or have IN his posses
for the purpose OF trahc use, or sae any articles
&c he is to be liable IN the manner as The manu-
i4curer OF The articles. | consdered-atbough ! was
perfectly willing afford proper remedies TO the paientee
Tor the OF the rights to which he was entitled
under the paentthai the pfncpe was an unsound one
which made the paeniee secure against the community
at large as large number OF persons might be 10 the
possesson OF the article. Even with that quah.
cation OF knowing them to have been imported, was an
Objectionable principle, because II made each individual
consumer liable contests AT the voion OF the patentee
OF assignee question the validity ot that patent In
other words object the principle oil protection at the
srpense OF the community large great extent and
the party could not he protected without u, was un-
willing 10 vote for any such bill endeavored then 10
illustrate the ground the principle by the case OF a
book upon which you grant copyright, and attempted
TO show that this bl prevented appeal IN chaneey, as
we'll as in suit TO hold the party who has 10 has
possession copyrighted book thai has been pIrated liable
either for damages appeal in ehancey for the OF
such book which, in my opinion, would be monsuous
proposition, and coald dIsng psh the application OF
the principle IN the IRON the other. Yet do
know lha, should object TO the principle OF this
oil il these words stricken out otherwise should,
because think IL 10 entire alteration OF the principle
running through all our laws ia this country, by which
the rights OF paentees have hitherto been protected to
make The mere consumer Individual who may be
Brought into litigation with the paienee as regards his
rights II may be said that this power would not be
abused but that does not follow, and put the II
stated that the bill only applies TO those knowing the
articles have been imported and the dihculty Which
occurred TO my mind at once was this; Courts Of Jus
hee would hold that If party received newspaper sta
ting that such ARTICLES bad been imported, and II you
could race them to that individual, the fact that he had
received that ne wspaper would be deemed by law sun
notice that those articles had been imported, II they
we're found in his possession.
Further It might have this effect among the paentees
themselves. An individual who wished TO destroy The
sale Of an article though made under valio patent, by
publishing such a notice TO the community would pre-
vent the sale and force the real pateDtee into an agree
nent with him. Many other difficulties might arise,
which have not time TO set forth, and many are me Oh
eeons to The introduction OF principle which holds he
consumer. any citizen liable IN reference 10 an article,
70 matter where made where imported. siill adhere
my motion 10 strike ont those two words m The two
sections Of the bill
The question then being taken upon this amendment,
was agreed TO.
Mr.. FELCH ! hope The senator from New Jersey
MT MuLrpl will con nsent 10 act upon the suggestion OF