The daily union., 1852-10-02

Mr. BORLAND. did not say that the Secretary o.
war undertook 10 decide the priority Of the discovery
nut simply assuming that somebody had discovered H. be
recommended that a liberal ackno aledgmen in the way
OF compensation, should be made by the government
The letter fully sasains that statement. .r
Mt. HUNTER ] think IL is very obvious from this
discussion that the general appropriation bill is place
10 settie The priority of such invention as this Noi
DO believe Il proper for this government TO undertake
The case OF r. s McCuloh and James G. Boolh. which
have peen alluded TO were exceptions. Their inventions
were only applicable to the mint OF the United States
whch has the monopoly IN the refining and coming o
money, They could be compensated therefor. unless
something was given 10 them by The United States This
gentleman has patent and II II is worth anything,
presume he can enforce II against any body who inter
teres with it--aganst the agents OF the government
well as other people suppose that if the government
uses patented article, through lis agents, they are liable
to be prosecuted upon the principles with ndiyd
uals But this is brought before in this indirect
mode, to induce 10 decide the question OF prioriiya
question which is not only one oil extreme difficulty, but
IN deciding which we shall depart from our practical
sphere OF legislative duties. II TO ii would be
just as proper TO attempt to settle any other question in
rela,io 70 the priority Of scientific invention, without
regard It's practical because when look 10 the
use OF this we find that the party has his remedy in his
hands--he has patent valid against anybody who uses
IT. whether he be the agent OF the United States or not
But the main object Tor which rose was TO suggest
to the Senate that II is obvious that unless this
proposition is withdrawn,or unless proceed 10 vote
upon it At once it will consume all the residue OF this
|
either that lis friends will withdraw it, because this
is not the proper place lime for the considera
tion OF such question, or that its opponents will agree
! to permit US to vote upon IT.
| Mr. SHIELDS. | join heartily in the opinion ex-
pressed BY the senator from Virginia but hope that il
will moi be withdrawn. voted in; hope it will be voted
down. and for this simple prophesy that II 1t
is not finally determined here night shall have
at the next session fifty claimants sprnging up from
every oyn S,,nPn and v1llage'n y the country
can save him and the Senate much trouble. | will
offer an amendment TO organize competent tribunal to
decide this question move TO amend this resolution
BY striking out the words Ia enable the President OF
the United Staes, in the first line, and TO insert
follows
"Be enacted That the of 900 be appropri-
aed as national reward Tor the discovery OF the
cal and medical practice; and that the President of the
United States be authorized appoint three distinguished
claims which may be up by any person persons
the discovery OF the anaehetc effects OF suphuc ether,
and lis application IN medical practice and that the said
commissioners shall award the hereby appropriated,
after deductng The Of the commission. 10 such
they shall determine TO be entitled 10 the credit of such
discovery or appileaton, in such proportion as they
made snch discovery or application"
Mr. WELLER and others "Question = "question >
/ Mr.. SMITH. do not know but the honorable a
tor from California, who seems 10 have made up his
mind upon this subject, may wish By crying question
10 prevent me from submitting my amendment TO the
sderatIon OF the Senate but that is not the sort of treat
menl which conceive TO be due TO members of this
body upon this floor
MIR WELLER The senator from Connecticut took
his seat, and took il Tor granted that he through,
II he has any information TO communicate. have no
doubt the Senate will hear very paliently although,
perhaps, ii will De the first time for The Senate TO receive
information from him. Laughter
! Mr.. SMITH have nothing 10 say in regard TO the
courtesy of The gen,emanly and senatorial remark lust
made BY the from Californa-lba il now com.
municae any information TO the Senate it will be the
first time have ever done That is very courteous,
very gentemanly, and very senatorial remark 10
make here; and that is all the notice shall take of the
senator or OF his remark.
Now MIR President, we have here very extraordisa.
The PRESIDENT. Will the gentleman allow the
amendment to be stated
| The amendment was read by The Secretary.
Nr. BROOKE. beg leave 10 differ from the honora-
bic senator from Connecticut, although he is installed
high prizes, Of The wing party, of which claim be an
humble member. Yet, sir, on this occasion claim the
privilege OF entering my protest and my dissent although
the subject under consideration may not be connected
with the general politics of the country. The rst point
4 of the gentleman WIS
senator from Mississippi obtained the floor Laughter
The PRESIDENT. By rising and addressing the
/ Chair
/ Mr.. SMITH. offered an amendment and was abou,
4 TO submit some remarks The Chair asked that the
amendment nigh, be read, and the clerk could not
read my manuscript very WELL stepped TO the desk 10
assist him then returned 10 my and found the
senator from Mississippi addressing the Chair.
/ The PRESIDENT The Chair supposed that the SEN
aor from Connecticut had reiinquIshei the floor The
senator from Connecticut will proceed
1 Mr.. WELLER. Will the senator from Connecticut
yield the floor momenti desire to ask him a
question, He made remark few moments ago which
Is liable TO two constructions
I Mr.. SMITH. ! prefer to pursue my remarks
\ Mr., WELLER made remark which the reporter did
not distinctly hear
MIR. SMITH Mr.. President have no feeling what.
ever IN relation to this subject other than desire that
right and justice should be done in respect to the matter
which we have now before us My honorable colleague
\ and | he
representatives o destitute widow and OF several or
phan children, residing IN the vicinity of Hartford in the
Immediate vicinity oil the residence OF my colleague
should feel sr, that was wanting in my duty should
loathe and abhor myself if did not stand up here and
plead the cause OF The widow and fahefless And un.
der what circumstances am brought the considera-
ton OF that cause Am not taken unawaresl Is not
my honorable colleague taken uuawates Was this
proposed appropriation contained in the original bill
Did the Commitee on Military Affairs print this amend
ment with the original bill for the benefit Of the Senate
and for the information of my colleague and myself II
they had done so. should not have noticed
Mr.. SHIELDS. Will the honorable senator permit
me to ask him II my colleague in the House dl no
y him that this subject under discussion before The
committed
Mr.. SMITH. Not before any committee OF the Senate
Mr.. SHIELDS. No, sir; mean the committee Of the
| House.
Mr.. SMITH Well, sir. what il il was before com
mluee OF the other House What has that to do with the
Senate had no idea that committee OF the Senate
had II under consideration in the OF thia
Capitol mean 10 treat my honorable friend the chair
man OF the committee, with great respect cast no i'm.
pulaons upon that honorable senator ! cherish for
him sentiments OF very high respect | believe he has
an honest conviction that this is just clam which Is