The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-13

u
Of my remarks will postpone until the engrossment Of
the bill Il seems necessary only to reply al this time 10
so much oil the argument of the honorable senator as sup
poses that there may be remedy TO this dhcny 10 go
ing TO Canada, aud there obtaining patent The
OF injury which have brought this subject before the SEN
ale arise from patent that has been renewed and ex
tended. II IA very meriorous patent, and about The
value OF the invention there can no dispute IL IS the
mode OF turning irregular forms from wood. That patent
has been already extended, and is Impossible 10 obtalr
patent in England, or an extension OF patent there
Therefore, that remedy can be OF no avail in this case
With regard 10 the argument OF the senator that we
introducing principle, submit Tor his consde-
ration that there is such embarrassment IN the case
which enable oprolect the rights Of inventors by
resting the manufacture OF the patented article. That
is present system OF remedy But we must be able
toreach the person of the nringer and we must be able
reach his machine, in order 10 arrest the manufacture
and for that purpose they must both be 10 the United
States Therefore, without Selling upon the produce OF
The patented article, we do prevent the INFRINGEMENT OF
the patent and do protect the inventor But person
IN possession OF one OF these machines, wishing TO evadc
the patent goes into the adjacent province OF Canada
and there works his machine lie is beyond our reach
and subject TO no law. We cannot visit upon him The
responsibility OF the piracy. We cannot seize his ma.
chine and break i up as we can II It IS found within The
United States There - no remedy then but 10 prevent
the patented article manufactured abroad from being fraud
uenty imported Tor the purpose OF defeating the cons
tutona policy OF the United States, which is the protec-
ton -o inventors In the enjoyment OF their Inventions
ther into the debate at this Time and yield the floor
that the course may be pursued which has been indl-
Gated.
Mr. HUNTER. ! would rather that the bill should
not be engrossed now. would rather look into i fur.
Their
Mr. BRADBURY. wish to make single sugges-
ilon Uness blloi this character shall be adopted, The
Senate will perceive that the effect oil the want OF such
protection will be transfer the manufacture of all
patented articles TO the other side OF the line into Canada
because it is easy for individuals carry their machines
C.
tu!e the acles, and bring them into the United States,
thus eyading the patent think that il the senator from
Virginia had been present yesterday, he would have per-
ceiyed IN the OF the discussion the necessity OF a
bill OF this kind. And nasmuch as It limits its effect to
the adjacent territories he will perceive that il is free
from another objection be has urged
Mr.. BAYARD. As this bill stands amended
have one objection TO it, which suppose can be re,
moved, and another which relates 10 the policy OF this
the vagneness oil the term adjacent !. near :
This must be a matter OF construction hereafter. It
Is too indefinite. II may include Europe, and GER
tainly would include the West Indies | do not know
why The object proposed TO be accompished-the pre-
penon OF tue construction OF patented articles IN Can
ada or The British possessions this continent to be sold
IN the United Slates-may not as well be reached by
taking more exact language; Tor the ord " near may
be too extensively construed That is one objection.
My other objection extends TO the whole bill. II |
Tecoect rightly the principle Of the patent laws OF Eng
land and tins country hitherto il has been confined to tins
that although II may be perfectly true and right 10 protect
the inventor IN the enjoyment OF the exclusive privilege
gwen him IN consequence of his discovery that protection
has never proceededupo any other principle than allowing
hun TO call To account the person Who by dealing the
cle has nnged his patent but never 10 go TO the extent
OF subIeciing The Individual consumer to suit al The will
oil The paienee because the to be IN his pos
session. can conceive ihatgTeat evils might flow from
such change OF principle The liability 10 suit upon
the part OF any single individual in the United States who
happens TO be IN possession ot the article in regard
which there is controvered patentrght might be mis-
used No man would be willing 10 stand suit 10 vim
ncae the rights OF another party, and eventually, by
fhraaf ,i.a
patentee, even in the Of disputed patent, might
force an unjust right against the community at large
submit that the principle is doubtful one AT least
nailoH has hitherto acted upon H. And giving the pa.
eniee the right 10 enforce against the consumer and
obtain legal redress, even before his alleged claim
70 the patent has been tesed-in other words, giving
him the right 10 call upon a party who has no direci
nerestin the matter, who does not trade in the article,
and who does wish 10 infringe The patent for redress
because the article happens to be IN bis possessiongves
too great power 10 the pateniee, although the word
knowingly" is inserted Ills the liability to the suit
which endaDgers every individual, OF which complain
10 that way patent which ought not 10 be entitled TO
reference or disputed p'ent may unjusily enforce its
claims.
EXECUTIVE SESSION.
Mr. ATCHISON. wish 10 call the attention OF the
Char 10 the fact that The motion 10 suspend the order
mill one o'clock That hour having now arrived, sup
'ose the ball goes back exactly 10 The point where il was
aiken up and that motion 10 postpone il is necessary
The PRESIDENT. The Chair is under the impression
hat when the hour OF one o'clock arrives the business is
o 90 over
Mr. ArCHIS0N Then move that The order be sus.
'ended for the day. for the purpose OF proceeding TO the
Of executive business.
The PRESIDENT. The Chair will state that il is not
usual 10 stop the business under consideration without
notion. Strictly speaking, it would 90 over when tse
lour OF one arrives bat IL would appear regular
upon the journal to have motion made 10 postpone
Mr.. AfCHlSON. Then ! move that the further con-
sideTation al this bill be postponed until tomorrow
The motion was agreed 10.
MIR. AICHlSON. now renew my former motion.
Mr.. SEWARD. bope The senator will waive that
notion, and permit me TO call upa private bill 10 which
here will be objection. II il produces debate, will
consent 10 us being laid over
Mr. PRATT Tie senator from New York is aware
81 the rule, presume that no private bin can be acted
up o today 20 which any senator objects.
Tie PRESIDENT The Chair had been so informed
but upon examination IL appears that this is moi the day
upon which tha rule is in iorce.
hr PRATT. ! certainly hope that we shall not sus-
PEND the rule hope that private bills will be taken up
particular bill ogl Of its order but will lake them up as
they stand upon the calendar think il s our duty To 20
on with The calendar II is due 10 The claimants Of the
government OF tie United States think ii isa crying
evil, one OF which our constituency have right 10
pain that we should attend TO every other business rather
than this My friend from Missouri SAYS that the claims
Of private individuals ought 10 give place 10 the public
business OF the country. Now, do not apprebend that
the business for which IL is desired 10 suspead this order
u very pressing, or Of public character exclusively
appehend that II Il were not for The private interests in
yoyed IN it, should not have had il pressed upon the
OF The country. do hope that the Senate will abide
BY he order which they have passed, and will devote this
day TO the consideration Of private bills | ask the
yeas and nays upon the motion OF the senator from
Missouri
The yeas and nays were ordered