The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-15
Mr.. Webster's Speech on the Great India
Rubbia Case.
GOODYEAR VS.. DAY

have TO perform In TINS discussion Tor great
length of time, hope the Court will believe that
what have to say is long only because have not
had time TO make il short.
There many topics in this cause calling for
particular observation. j will discuss them with all
practical brevty.
shall not attempt to follow my learned friend,
who made his address yesterday, step by step, in his
very thorough detail of the matter in controversy
in all its aspects and in all its bearings. This is
patent cause of considerable interest one which
will be found at last to involve great difficulty in
principle, but which does involve great amount OF
property and does largely affect the interests and
pursuits of great number OF individuals.
I am happy that am able to say, that the
discussions in this court have been conducted en-
tirely in that spirit. and with that decorum which
should ever be exhibited by able and intelligent
members of the bar when they considering ques-
tions of great Importance. If, indeed, there has
sometimes come up from this record an evil odor,
that petumery found its way upon the record before
il into this court.
Ii in provided in the constitution Of the United
States, that Congress shall have power to promote
the progress of science and the useful arts by
ing for limited time, to authors and inventors, the
exclusive right to their respective writings and dis
coveries The law acknowledges the existence of
the right Of an inventor to his invention pro-
perty, and the constitution is remarkably exact in
the language in which its speaks Of this important
subject. The constitution does not attempt to give
an inventor right TO his invention, or to author
right 10 his literary productions. No such thing.
But the constitution recognises an original, pre-
existing inherent right of property in the invention,
ioyment of that right But the right existed before
the constitution and above the constitution, and is,
as a natural right, more cearthan that whicha man
can assert in almost any other kind of property
What man earns by thought, study, and care is
much his what he obtains by his hands Ii
is said that, by the natural law the son has right
to inherit the estate Of his father, take ii by
devise But the uatural law gives man a right to
Lis acquisitions in the case Of securing
quadrured, bird OF fish, by his skill, industry,
or perseverance. Invention, as a right of property
StI lQl IN ltprft ar hnaa
is personal earning. Ii is more like acquisitions
by the original right of nature In all those there
is an effort of mind as wei as muscular strength
Upon acknowledged principles, rights acquired
by invention stand on palmer principles of natural
law than most other rights ofproperty. Blackstone,
and every other able writer ON public law thus re-
CARDS this natural right, and asserts mans title TO
his own invention or earnings.
The right of an inventor to his invention is
no monopoly. IL Is 70 monopoly in any other sense
than as mans own house is monopoly. A mo-
nopoly az ii was understood in the ancient law
was agrant of the right to buy, sell, or carry on
some particular trade conferred Of the kings
subjects, to the exclusion of all the rest. Such
monopoly is UNJUST but mans right to his own
invention lisa very different matter. III is no
monopoly for him to possess that than to possess
his own home stead.
But there is one remarkable difference in the two
cases, which is this; that property i'll mans own
invention presents the only case where he is made
to pay for the exclusive enjoyment OF his own For
by law the permission to enjoy tho invention
for certain number of years is granted, on the con-
dtion that at the expiration OF the patent, the in
yention shall belong to the public. Not with
houses; not so with lands: nothing is paid for them
except the usual amount of taxation; but for the
right to use his own. which the natural law gives
him, the inventor, as we have just seen, pays an
enormous price. Yet there is clamor out of doors
calculated to debauch the public mind.
But better feeling begins to prevail. more
intelligent estimate OF this species Of property be-
gins to spring up. Yet am sorry to say that there
have been men-there still are some men in the
COMMUNICATIVE would not do an immoral action.
who would not, for their lives 'pck flaw in their
neighbours title deed, and who yet make no scruple
OF endeavoring. by every means in their power, to
''pick faw' in his patent. That feeling is unjust,
Illegal, and unsocial.
Now, may it please your honors, this patent
cause is founded patents, issued by the gov
eminent. to Charles Goodyear, one in 1882 and the
Other in 1919, for process of manufacturing India
rubber
II appears from the evidence in this cause, that
Charles Goodyear, in the year 1884, into the
field Of operations in the manufacture OF India rub
Der.
He turned his attention to this subject, not as
matter Of business or trade but by way of commence
ing and carry ing series of experiments by which
he could bring to the test the question whether this
very extraordinary substance was capable OF render
ing any benefit to society, to whether there
any way. given among men skilled in the arts, by
which this article could be cleared of its sickness
its tendency harden in the frost and soften in the
heat; for it is well known that the articles manu-
featured up to the year 1884 were entirely useless; if
they were exposed to the sun, they became sticky;
you could not separate them after their surfaces
came in contact; and if exposed to the cold they
became hard and rigid. well remember that had
some experience in this matter myself. friend in
New York sent me a very fine cloak of India rubber,
and hat of the same material. did not succeed
very well with them took the cloak one day and
set ii out in the cold. IL stood very well by itself.
Isurmounted it with the hat, and many persons
passing by supposed they saw, standing by eporch,
the Farmer oi Marshfeld.
Charles Goodyear began his experiments at Phila-
dephia. When he left that place. his wanderings
began. In the spring Of 1875, he removed to New
York: in the summer OF 1886, be went to New
Haven in the spring Of 1887. to Staten Island:
in the fall OF 1881, lie visited the almost deserted
factory at Roxbury. In the summer or fall Of 1888,
he went to Woburn, where Hayward was trying ex-
permens with sui hur. Here Goodyear bought
the Sulphur Patent. and hired Hayward TO assist
him il bis operations, and work for him year
lie went on with hs experiments, and within four
five months, that is to say, in January, 1889, he
made his elementary discovery Of metallic, or vul.
canzed rubber. In the fall Of 1899, he carried on
experiments at Lynn and in like manner ut RoX
bury, in lSI0,-but keeping up his experiments,
nevertheless, at Woburn. where his family lived.
In the fall OF $50, he went TO Northampton; IN
1871. be removed to Springfield. His experiments
were still going on at Woburn as Hayward had
come into his employment again for one year, from
April, 1871. At Springfield, Good year continued
his experiments till he had so far perfected his in
vention a. to apply for PATENT. This was IN Jan
U8fy, 1911. He then went 10 Naugatuck, IN Con-
necticut. and started factory. 1t would be but
painful TO speak Of his extreme want-the destitu-
ton of biz family. half clad, he picking up with his
own hands little billets OF wood from the way side
10 warm the Notwithstanding reproach-not
harsh Teproach. for no one could bgstow that upon
him-rcCeiyrg Indignation and ridicule from his
friends
Here Is letter, written in good spirit and cheer
ful yein but particularly affecting from that ciroum-
stance. Ii was written from the debtors jail, IN
Boston. This is it. viii read it,
Mr. JoHN HAsKNsl
LUEE BALDWIN. J DEnrop'5 pHtsoS April y 1910.
Gentiemen-I have the pleasure TO invite you 70 call
and 1t my lodgings matters Of business and to
communicate with my family. and possibly to establish
an India rubber factory for myself the spot DO not
fail TO call receipt Of this feel some anxiety
count Of my family Ny father will probably arrange
my affairs in relation 10 this hotel which after all per-
haps good resting Place as any, this side Of the
grave Your truly, CHARLES GOODYEAR